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
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.
- 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.
- Partly granted
The Board granted a separate disability rating of 20 percent for the Veteran's service-connected patellofemoral syndrome of the left knee with limitation of extension from October 1, 2008 to August 11, 2017, but denied an initial rating in excess of 10 percent during that same period.
- Remanded (sent back)
The Board remands the claim for an addendum medical opinion addressing the ameliorative effects of medication on the Veteran's range of motion during a specific period.
- Remanded (sent back)
The claims for increased ratings for the Veteran's service-connected conditions are being remanded to provide him an additional opportunity to undergo VA examinations.
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