The Board denied an increased disability rating for the veteran's fracture of the right tibia and fibula, with scarring over the right tibia, as it did not meet the criteria for a higher rating.
The deciding factor: The evidence did not show malunion of the tibia and fibula resulting in marked knee or ankle disability to warrant a higher rating under Diagnostic Code 5262.
- Claimed conditions
- fracture of the right tibia and fibula, scarring over the right tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 27, 2006
- Citation
- 0639945
Veterans Law Judge
Decisions by this judge: 1,012 · Granted: 24% (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 0639945.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's residuals of a fracture of the right tibia and fibula were not manifested by ankylosis, semilunar cartilage disorder, flexion limited to 15 degrees, extension limited to 20 degrees, or malunion with marked ankle disability. The Veteran was in receipt of a separate compensable rating for right knee instability.
- Denied
The Veteran's service-connected residuals of fracture of the right tibia and fibula are rated at 30 percent, which is not sufficient to grant a rating in excess of this amount.
- Denied
The Veteran's claim for an increased rating and TDIU due to residuals of a fracture of the right tibia and fibula was denied by the Board. The case is being remanded for further development, including obtaining VA treatment records and arranging for a VA orthopedic examination.
- Denied
The Board denied the veteran's claim for a total rating based on individual unemployability due to his service-connected disabilities, finding that they do not render him unable to secure or follow substantially gainful employment.
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