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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1014436.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities, including his right ankle ankylosis and knee replacements, have prevented him from securing or following substantially gainful employment since January 30, 2024. The Board has granted a TDIU based on this finding.
- Whole decision: Denied
The Veteran's claims for increased ratings for right ankle ankylosis and instability have been denied. The 10 percent rating for right ankle degenerative arthritis status post fracture remains unchanged, while the 30 percent rating for right ankle instability has been reduced.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for an acquired psychiatric disorder, hypertension, and compensation under 38 U.S.C. § 1151 for osteomyelitis to correct pre-decisional duty to assist errors.
- Whole decision: Granted
The Veteran's appeal for a higher rating for his right ankle ankylosis is denied, and the Board grants an earlier effective date of December 4, 2017 for entitlement to TDIU.
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