The Veteran's claim for a higher rating for his right femur fracture was granted, and he is now rated at the highest possible disability level. His need for regular aid and attendance due to his service-connected condition was also recognized, leading to SMC benefits. However, as his TDIU claim arose from the same evidence, it is moot given the 100% rating.
The deciding factor: The Veteran's right femur fracture resulted in a permanent loss of use of one foot and required a 100% disability rating under VA regulations.
- Claimed conditions
- Fracture of the right femur, Left lower extremity amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- February 2, 2010
- Citation
- 1004817
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1004817.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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