The Board found that the reduction in the combined rating for right ankle disabilities was proper due to a violation of the amputation rule, and the termination of TDIU was also proper as there was clear and convincing evidence showing the Veteran's employability despite his service-connected disabilities.
The deciding factor: The reduction in the combined rating for right ankle disabilities violated the amputation rule, leading to an improper initial assignment. The subsequent reduction to 40% was consistent with the regulations and did not violate any procedural safeguards. The termination of TDIU was also proper as there was clear and convincing evidence showing the Veteran's employability despite his service-connected disabilities.
- Claimed conditions
- Right ankle ankylosis, Osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 15, 2010
- Citation
- 1014436
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 1014436.
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
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