The Veteran's claim for increased ratings and a noncompensable rating for shortening of the right leg was denied. The Veteran received a compensable rating from March 12, 2013 to November 8, 2016 for residuals of right comminuted femoral shaft fracture with right knee disability.
The deciding factor: The VA examinations did not show actual improvement in the Veteran's ability to function under ordinary conditions of life and work. The Veteran was awarded a compensable rating based on pain alone under section 4.59, which allows for compensation based solely on reported pain without additional medical evidence.
- Claimed conditions
- Right comminuted femoral shaft fracture, Right knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 31, 2022
- Citation
- 22005090
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 22005090.
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.
- Granted
The Veteran's right knee disability is granted as service connected, effective August 19, 2009. The Veteran's MDD is rated at 70 percent and his TDIU due to MDD is also granted.
- Remanded (sent back)
The Veteran's right knee disability is currently rated at 10 percent, and the Board finds that a remand is necessary to determine if it warrants a higher evaluation. Additionally, the TDIU claim is inextricably intertwined with the increased rating claim for right knee disability.
- Remanded (sent back)
The Board has found that the Veteran is in need of personal care services for a minimum of six continuous months due to an inability to perform one or more activities of daily living (ADLs). The PCAFC eligibility process will continue, including consideration of whether the program is in the Veteran's best interest.
- Partly granted
The Board granted increased ratings for intervertebral disc syndrome, left and right ankle disabilities but remanded the claims for other joint conditions due to insufficient evidence.
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.