The Board has determined that the veteran's residuals of a left ankle fracture warrant an increased rating to 30 percent under Diagnostic Code 5262 for impairment of the tibia and fibula, as his disability more nearly approximates the criteria required for that rating.
The deciding factor: The medical evidence shows severe osteoarthritis with complete obliteration of the joint space, irregularity to the distal tibia, prior trauma to the distal fibula, and osteophyte formations and joint space narrowing of the tibiotalar joint. The Board finds this more nearly approximates impairment of the tibia and fibula.
- Claimed conditions
- Left ankle fracture, Osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 21, 2006
- Citation
- 0629950
Veterans Law Judge
Decisions by this judge: 425 · Granted: 21% (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 0629950.
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.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate examination report and failure to consider the effects of medication on the Veteran's left ankle disability.
- Denied
The Veteran's right knee strain with osteoarthritis is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on current evidence.
- Denied
The Veteran's appeal for higher ratings for major depressive disorder, left ankle fracture, and left knee strain was denied. The Veteran is not entitled to a rating in excess of 30 percent for his major depressive disorder or an initial rating in excess of 10 percent for his left ankle fracture. However, he is granted service connection for the left knee strain as secondary to his right knee strain.
- Granted
The Board has granted service connection for a right hip condition, including need for replacement, secondary to the Veteran's service-connected left ankle fracture.
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