The Veteran's claim for an increased rating for his post-operative right lower leg shortening with a history of recurrent osteomyelitis was denied. The Board found that the evidence did not show frequent episodes of active osteomyelitis, and thus could not meet the criteria for a higher rating.
The deciding factor: The Veteran's osteomyelitis has been inactive for over five years without evidence of active infection or constitutional symptoms, which precludes him from receiving a higher rating based on the amputation rule. The Board found that his condition did not meet the criteria for a higher rating as per Diagnostic Code 5000.
- Claimed conditions
- post-operative right lower leg shortening with a history of recurrent osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 1, 2010
- Citation
- 1037462
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 1037462.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The veteran's appeal is remanded for additional development, including obtaining VA and private treatment records and scheduling a VA examination to assess the current nature and severity of his service-connected post-operative right lower leg shortening with a history of recurrent osteomyelitis.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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