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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1142410.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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