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.
- Remanded (sent back)
The Board remanded the claim for service connection for the cause of the veteran's death and DIC benefits because the Regional Office failed to obtain a VA medical opinion to determine whether the veteran's service-connected disabilities caused, contributed to, or aggravated his death from metastatic colon cancer. The Board found a reasonable possibility that a medical opinion would aid in substantiating the claim, particularly regarding whether alcohol use disorder was a risk factor for the colon cancer.
- Denied
The Board has determined that the veteran's current right leg, foot, ankle, knee and low back disorders are not related to his service. The pre-existing fractures did not worsen during service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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