The Board found that the reduction of the Veteran's left femur disability rating from 20 percent to 10 percent effective June 1, 2009 was not proper due to lack of evidence showing actual improvement. The Veteran's condition had shown actual improvement prior to this decision.
The deciding factor: The Board determined that the reduction was improper because there was no evidence showing sustained material improvement in the Veteran's left femur disability under ordinary conditions of life and work, as required by VA regulations for rating reductions.
- Claimed conditions
- Left Femur Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 2, 2018
- Citation
- 1827414
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 1827414.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's left hip strain is currently rated as 10 percent disabling, which does not meet the criteria for a higher rating.,The Veteran's left femur fracture is currently rated as non-compensable (0 percent), and thus does not meet the criteria for a higher rating.,The Veteran's left knee sprain and shin splints are currently rated as 10 percent disabling, which does not meet the criteria for a higher rating prior to April 7, 2022. A rating in excess of 40 percent thereafter is also denied.
- Granted
The Veteran's low back disability is found to be secondary to his service-connected left femur fracture and total knee replacement, with the total hip arthroplasty.
- Denied
The Veteran's residuals of left femur fracture are rated at 20 percent prior to March 1, 2012 and denied for a higher rating. The Veteran is not entitled to TDIU based on his service-connected disability.
- Denied
The Board has denied the Veteran's claims for increased evaluations and service connection, finding that his left femur fracture disability does not warrant a higher evaluation than the current 10% rating.
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