The Board has granted a 40 percent evaluation for the veteran's service-connected residuals of a fracture of the right tibia with secondary deformity and arthritis, which is subject to the amputation rule.
The deciding factor: The medical evidence shows that the veteran has a loss in range of motion of his right leg, warranting a 40 percent rating under Diagnostic Code 5261 for limitation of extension. The combined rating for disabilities of an extremity shall not exceed the rating for the amputation at the elective level (40 percent), as per 38 C.F.R. § 4.68.
- Claimed conditions
- fracture of the right tibia, secondary deformity (right ankle disability), arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 25, 2006
- Citation
- 0633091
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 0633091.
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
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