The veteran's service-connected residuals of a fracture of the right tibia and fibula with ankle disability are rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5262. The claim for TDIU was denied as his service-connected disabilities do not sufficiently preclude him from obtaining and retaining all forms of substantially gainful employment.
The deciding factor: The veteran's residuals of a fracture of the right tibia and fibula with ankle disability are rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5262. The claim for TDIU was denied as his service-connected disabilities do not sufficiently preclude him from obtaining and retaining all forms of substantially gainful employment.
- Claimed conditions
- fracture of the right tibia and fibula, ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 1, 2002
- Citation
- 0213381
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 0213381.
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.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including migraines, bilateral knee disability, bilateral hearing loss, ankle disability, back disability, acquired psychiatric disorder, scars on the head, neck, or face, and tinnitus, due to pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for left and right elbow disabilities manifested by numbness, but denied service connection for a low back disability and other claimed conditions.
- Partly granted
The Board has denied service connection for several conditions, including ADHD, right ear hearing loss, G6PD deficiency, intestinal disability, eye disability, and others. However, the Board has granted service connection for cervical spine arthritis.
- Partly granted
The Board denied service connection for multiple disabilities but remanded the claims for psychiatric disability and sleep disturbances.
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.