The appeal is denied as there was clear and unmistakable error (CUE) in the award of a separate rating for right leg shortening, leading to combined ratings. The Veteran's residuals of right tibia and fibular fracture are rated at 10 percent, with no higher rating due to functional loss.
The deciding factor: There was CUE in assigning a separate rating for right leg shortening as it involves the same extremity as the existing rating for residuals of right tibia and fibular fracture. The combined ratings now apply.
- Claimed conditions
- residuals of right tibia and fibular fracture, status-post intramedullary rodding, right leg shortening
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2024
- Citation
- A24056339
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 A24056339.
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 Board has granted service connection for left hip disability, right hip disability, and right leg shortening as secondary to the Veteran's service-connected fibromyalgia and/or low back disability.
- Dismissed
The Veteran's appeal for service connection for right leg shortening has been dismissed as he requested withdrawal of the appeal.
- Remanded (sent back)
The Board has remanded the claims of service connection for left lower extremity radiculopathy and right leg shortening due to pending issues with lower spine and right lower extremity radiculopathy disorders.
- Remanded (sent back)
The Board has ordered the Veteran to be examined again for his claims of service connection for right foot DJD and right leg shortening. The new opinions must address whether these conditions are at least as likely as not caused by or aggravated by a service-connected disability, specifically his left femur fracture and/or inguinal herniorrhaphy.
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