The VA denied the veteran's claim for an increased evaluation of her service-connected left leg fractures and patellofemoral syndrome, as she is already rated at 40% under Diagnostic Code 5262.
The deciding factor: The veteran's disability was rated based on nonunion with loose motion requiring a brace, which corresponds to the highest rating available under Diagnostic Code 5262.
- Claimed conditions
- status post fracture left tibia and fibula, patellofemoral syndrome of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2006
- Citation
- 0605239
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0605239.
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 has determined that the AOJ's decision to disenroll the Veteran from the PCAFC program was not supported by adequate and sufficient evidence, and thus remanded for further development and consideration.
- Remanded (sent back)
The Veteran's service-connected disabilities do not result in the need of personal care services, and his PCAFC request was denied. The Board finds that the AOJ did not provide proper notice and reasoning for the denial, and thus remands the case to obtain a new determination based on updated regulations.
- Granted
The Veteran's service-connected disabilities, including left knee disability and GERD, made him unable to follow a substantially gainful occupation. The Board granted TDIU based on these conditions.
- Partly granted
The Board denied increased ratings for the Veteran's knee conditions, except for a 10% rating for left and right knee instability effective from October 1, 2008.
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