The Veteran's claim for a higher initial rating for below-the-knee amputation of the right lower extremity is denied. The Board finds that his disability picture does not approximate the criteria for a higher disability rating due to his prosthesis being controlled by natural knee action.
The deciding factor: The evidence indicates the Veteran's right below-the-knee amputation is improvable by prosthesis controlled by natural knee action, which precludes assignment of a higher rating under Diagnostic Code 5164 (60% for an amputation not improvable by prosthesis controlled by natural knee action).
- Claimed conditions
- below-the-knee amputation of the right lower extremity, diabetes mellitus with onychomychosis, diabetic retinopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 21, 2011
- Citation
- 1127310
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 1127310.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for asthma, hypertension with residuals including stroke, DM II, bilateral amputation of all toes, and diabetic neuropathy to obtain VA medical opinions regarding the nature and etiology of these conditions.,The Board also remanded the claim for ED as it is inextricably intertwined with the DM II claim.
- Denied
The Veteran's initial ratings for diabetes and diabetic retinopathy were denied. The Board found that the current ratings adequately reflect the severity of his symptoms, including his need for eye injections to treat his diabetic retinopathy.
- Granted
The Board has granted service connection for Type II diabetes mellitus and diabetic retinopathy, finding that these conditions are related to the Veteran's service-connected PTSD.
- Dismissed
The Board has dismissed the appeals regarding various service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
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