The Board has granted a 30 percent rating for the veteran's residuals of a left ankle fracture, which is the maximum schedular rating available under VA regulations.
The deciding factor: The medical evidence shows that the veteran's disability picture is approximately equivalent to malunion of the tibia and fibula, warranting a 30 percent rating under Code 5262. No higher rating is warranted as there is no evidence of neurological impairment, nonunion of the tibia or fibula, or ankylosis.
- Claimed conditions
- left ankle fracture, traumatic arthritis, sclerosis/stress fracture of the distal tibia, periosteal new bone formation at the end of the tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 26, 2005
- Citation
- 0528803
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 0528803.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Dismissed
The Veteran withdrew his appeal for a higher rating for service-connected right ankle with traumatic arthritis (claimed as right ankle instability). The Board dismissed the appeal.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
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