AMPUTATION OF LEG AT HIP

Summary

The Veteran, a Marine Corps Veteran who served from February 2000 to July 2004, sought to establish service connection for a right leg amputation and a right arm injury, claiming both conditions were secondary to his service-connected Posttraumatic Stress Disorder (PTSD). The Board of Veterans' Appeals reviewed the evidence of record as it existed at the time of a prior higher-level review decision in August 2024. VA treatment records confirmed the Veteran's right leg amputation below the knee and extensive nerve damage to the ulnar nerve in his right arm, requiring fusion of the right elbow and skin grafts. These records established the existence of the current disabilities. The agency of original jurisdiction had previously found the Veteran service-connected for PTSD and had also found the right leg amputation and right arm injury to be secondary to this PTSD. The Board was bound by these prior favorable findings, thus satisfying the remaining elements for secondary service connection. Consequently, the Board granted service connection for both the right leg amputation and the right arm injury on a secondary basis to PTSD.

Rationale

Existence of present disability confirmed by VA treatment records.; Disability proximately due to service-connected PTSD.; Prior favorable finding by AOJ that amputation is secondary to PTSD.

Full Decision Text

Citation Nr: A25107976
Decision Date: 12/15/25	Archive Date: 12/15/25

DOCKET NO. 250218-518312
DATE: December 15, 2025

ORDER

Service connection for right leg amputation, to include as secondary to posttraumatic stress disorder (PTSD), is granted.

Service connection for right arm injury, to include as secondary to PTSD, is granted.

FINDINGS OF FACT

1. The Veteran's right leg amputation is proximately due to his service-connected PTSD.

2. The Veteran's right arm injury is proximately due to his service-connected PTSD.

CONCLUSIONS OF LAW

1. The criteria for service connection for right leg amputation have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.310.

2. The criteria for service connection for right arm injury have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Marine Corps from February 2000 to July 2004.

In November 2024, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of an August 2024 decision. In December 2024, the agency of original jurisdiction (AOJ) issued the HLR decision on appeal, which considered the evidence of record at the time of the prior August 2024 decision. 

In the February 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the August 2024 AOJ decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Service Connection

Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303(a).

Service connection is warranted for a disability which is proximately due to, aggravated by, or the result of a service-connected disability. 38 C.F.R. § 3.310. A finding of secondary service connection requires competent medical evidence to connect the asserted secondary disability to the service-connected disability. Wallin v. West, 11 Vet. App. 509, 512 (1998); Velez v. West, 10 Vet. App. 432 (1997).

Right Leg Amputation and Right Arm Injury

The Veteran asserts that his right leg amputation and right arm injury are secondary to his service-connected PTSD.

Regarding the first element of a secondary service connection claim, VA treatment records show that the Veteran had his right leg amputated below the knee and sustained a right arm injury as a result of a motorcycle accident. See June 2024 VA Treatment Records. In addition to having his right leg amputated below the right knee the Veteran reported extensive nerve damage to the ulnar nerve and required fusion of the right elbow as well
, 11 Vet. App. 509, 512 (1998); Velez v. West, 10 Vet. App. 432 (1997).

Right Leg Amputation and Right Arm Injury

The Veteran asserts that his right leg amputation and right arm injury are secondary to his service-connected PTSD.

Regarding the first element of a secondary service connection claim, VA treatment records show that the Veteran had his right leg amputated below the knee and sustained a right arm injury as a result of a motorcycle accident. See June 2024 VA Treatment Records. In addition to having his right leg amputated below the right knee the Veteran reported extensive nerve damage to the ulnar nerve and required fusion of the right elbow as well as skin grafts on the right arm. Therefore, the first element of a secondary service connection claim has been met.

The AOJ in the December 2024 rating decision found the Veteran is presently service connected for PTSD. Further, the AOJ found that the Veteran's claimed right leg amputation and right arm injuries are secondary to a service-connected disability, the Veteran's PTSD. The Board is bound by these favorable findings. See 38 C.F.R. § 3.104(c). Therefore, the remaining elements of a secondary service connection claim have been met.

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Accordingly, service connection for right leg amputation and a right arm injury on a secondary basis is granted.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.