The Board denied a higher rating for the Veteran's service-connected pelvic fracture residuals disability, finding that application of the regular schedular rating criteria was not impractical due to lack of marked interference with employment or frequent hospitalization. The decision also noted that some symptoms were not specifically addressed by the current rating criteria.
The deciding factor: The Board found that the Veteran’s symptoms did not warrant referral for extraschedular consideration as they were not contemplated by Diagnostic Code 5251 and other companion provisions for musculoskeletal disabilities.
- Claimed conditions
- pelvic fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 23, 2019
- Citation
- 19104987
Veterans Law Judge
Decisions by this judge: 1,350 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104987.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to missing VA treatment records and a need to reschedule VA examinations. The issues include rating increases, service connection, and TDIU.
- Remanded (sent back)
The Board has remanded the case to refer the issue of entitlement to an extra-schedular rating for service-connected pelvic fracture residuals to the Director of Compensation and Pension Service. The Veteran argues that his service-connected disabilities warrant such a rating due to marked interference with employment.
- Denied
The VA denied a rating in excess of 40 percent for pelvic fracture residuals, finding that the veteran's condition is currently evaluated at 40 percent.
- Denied
The Board found that the reduction of the evaluation for the veteran's pelvic fracture residuals from 40 to 20 percent was not proper, and granted restoration of a 40 percent evaluation.
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