The Veteran's claim for an initial compensable rating for right leg length discrepancy is denied.,A 10 percent disability rating based on multiple, noncompensable service-connected disabilities prior to January 28, 2016, is granted. The claim for a separate 10 percent rating since January 28, 2016, is denied due to the Veteran having been granted compensable ratings for his service-connected disorders.,The effective date of November 17, 1983, for the grant of service connection for right leg scars and a 10 percent disability rating based on multiple noncompensable service-connected disabilities prior to January 28, 2016, is granted.
The deciding factor: The evidence does not show that the Veteran's right leg length discrepancy meets or approximates the criteria for a compensable rating under DC 5275.,Once a compensable rating was awarded for any service-connected disability, compensation under 38 C.F.R. § 3.324 is rendered moot.,The effective date of November 17, 1983, is assigned as the Veteran's claim for right leg scars and multiple noncompensable disabilities prior to January 28, 2016, was granted in a March 2020 rating decision.
- Claimed conditions
- Right leg length discrepancy, Right leg scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002299
Veterans Law Judge
Decisions by this judge: 703 · Granted: 47% (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 24002299.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of the bilateral lower extremities, right and left foot disabilities with toe amputations, right and left leg scars, knee disability, and altered gait due to a need for further development.
- Remanded (sent back)
The Board remands multiple issues, including service connection claims and rating increases for various disabilities.
- Partly granted
The Board granted initial evaluations for degenerative arthritis of the right ankle and right leg length discrepancy, while denying an evaluation in excess of 10 percent for right hip sprain with impairment of the thigh and an evaluation in excess of 20 percent for right foot degenerative arthritis.
- Granted
The Veteran's right leg length discrepancy, a residual of tibia-fibula fracture, is now rated at 10 percent effective January 5, 2023. The rating takes into account the functional loss due to pain and other limitations.
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