The Board denied an increased rating for the veteran's service-connected fractured right distal fibula, finding that it did not meet the criteria for a higher disability rating.
The deciding factor: The evidence showed mild tenderness and some limitation of motion but no malunion or nonunion of the tibia and fibula, which are required for a higher rating under Diagnostic Code 5262.
- Claimed conditions
- fractured right distal fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 16, 2004
- Citation
- 0422400
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 0422400.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted a rating of 20 percent for the Veteran's service-connected residuals of a fractured right distal fibula, finding that his range of motion and functional loss due to pain on use warrant this higher evaluation.
- Dismissed
The Board dismissed the appeal due to the death of the appellant.
- Denied
The veteran's claim for a compensable disability evaluation under 38 C.F.R. § 3.324 was denied as no basis exists for assignment of such based on multiple noncompensable service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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