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
Veterans Law Judge
Decisions by this judge: 609 · Granted: 22% (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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the claims of service connection for the cause of the Veteran's death and entitlement to DIC due to a failure to obtain a medical opinion prior to the rating decision on appeal regarding whether the Veteran's arthritis was related to his period of active service, and if so, whether it contributed to his death.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his diagnosed conditions, including mental health disorders, gastrointestinal issues, respiratory problems, arthritis, neuropathy, sleep apnea, erectile dysfunction, and headaches. The examination will also address whether any of these conditions were caused or aggravated by his service-connected diabetes mellitus.
- Granted
The Veteran's hypertension and acquired psychiatric disorder (claimed as a sleep deprivation condition) have been granted service connection. The claim for arthritis has been remanded.
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