The Veteran's appeal for a reduction in his rating for equinovarus deformity of the right ankle and TDIU was denied as the reduction based on clear and unmistakable error (CUE) was proper, and the Veteran’s service-connected disabilities do not meet the criteria for a TDIU.
The deciding factor: The reduction in rating was based on CUE due to improper application of regulatory provisions at the time of the January 2008 rating decision. The Veteran's overall combined disability rating is less than 70%, and his service-connected disabilities do not meet the schedular requirements for a TDIU.
- Claimed conditions
- Right Foot Amputation, Equinovarus Deformity of Right Ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 22, 2019
- Citation
- 19180323
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 19180323.
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 Veteran's claims for service connection for PVD, residuals of a right foot amputation, and left knee total replacement due to conflicting medical opinions. The TDIU claim is also remanded as it is inextricably intertwined with the other issues.
- Denied
The Veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as there was no evidence showing that the complications from the September 2001 surgery and follow-up care caused additional disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.