The veteran's right tibia and fibula fracture with traumatic arthritis is currently rated at 40 percent, but the Board finds no basis for a higher rating.
The deciding factor: The evidence does not support a finding of additional disability due to instability or subluxation that would warrant a separate rating under Diagnostic Codes 5257, 5258, and 5259. The veteran's current 40 percent rating is the highest available based on his service-connected right tibia and fibula fracture with traumatic arthritis.
- Claimed conditions
- status post fracture of the right tibia and fibula, traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 15, 2006
- Citation
- 0607518
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.
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The veteran's claim for a higher rating for back disability was denied. Other issues related to service connection and total disability were remanded for further review.
- Denied
The Board denied the veteran's claim for a rating higher than 20% for his left shoulder disability, stating that the evidence did not support a higher rating.
- Denied
The Board denied an increased rating in excess of 30 percent for the Veteran's right shoulder disability, finding that the evidence did not support a higher rating.
- Dismissed
The Veteran's appeals for increased ratings and service connection were dismissed due to his death.
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