The appeal of the proposed reduction of post-phlebitic syndrome and thrombophlebitis with DVT, right leg was dismissed, while the reduction of the left leg from 40% to 10% was improper and restored.
The deciding factor: Improvement in the Veteran's condition under ordinary conditions of life was not properly established for the left leg, thus restoration of the 40% rating is warranted. The right leg appeal was dismissed as it was not justiciable.
- Claimed conditions
- post-phlebitic syndrome and thrombophlebitis with DVT, right leg, post-phlebitic syndrome and thrombophlebitis with DVT, left leg
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24064853
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remanded the case to obtain additional medical opinions regarding the Veteran's right leg, right hip, and back conditions, including right leg length discrepancy. The Board found that the VA has met its duty to assist the Veteran in obtaining necessary records.
- Granted
The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and he is granted a total disability rating based on individual unemployability (TDIU) effective May 11, 2012.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of service connection claims, and SMC claim is also being remanded.
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