The Board denied the Veteran's claims for increased ratings for his service-connected gunshot wounds of the right foot and leg, finding that the combined disability rating for these conditions cannot exceed 40 percent due to the amputation rule.
The deciding factor: The combined disability ratings for the Veteran's service-connected gunshot wounds of the right foot and leg below the knee do not exceed the amount he would receive if his leg was amputated at a level that would allow use of a prosthesis, thus preventing any higher rating based on these facts.
- Claimed conditions
- gunshot wound of the right foot, gunshot wound of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2011
- Citation
- 1142410
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 1142410.
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.
- Denied
The Board denied the Veteran's claims for ratings in excess of 30 percent for his service-connected gunshot wounds to the right foot and leg, finding that the combined rating for these disabilities cannot exceed 40 percent due to the amputation rule.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and conducting examinations. The Veteran's claims will be reconsidered based on the new evidence.
- Denied
The Veteran's service-connected conditions did not cause or contribute to his death. The Board found that the Veteran's cerebrovascular accident, congestive heart failure, and atrial fibrillation were unrelated to any of his service-connected disabilities.
- Granted
The Board has determined that an effective date of April 30, 1999 is warranted for the award of TDIU due to the veteran's service-connected disabilities.
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