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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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