The Board denied an increased evaluation for the veteran's service-connected residuals of a gunshot wound to the right tibia and fibula with scars and shortening of leg, currently rated at 30 percent.
The deciding factor: The evidence did not show any ankylosis or nonunion of the tibia and fibula with loose motion, which would warrant higher ratings under Diagnostic Codes 5256 or 5262. The veteran's right leg disability was evaluated based on limitation of motion due to pain.
- Claimed conditions
- fracture right tibia and fibula, gun shot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 29, 2008
- Citation
- 0803152
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 0803152.
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.
- Granted
The Veteran's fracture right tibia and fibula with knee disability is granted a rating of 30 percent, effective from the date of the decision. A separate rating for limitation of extension of the right leg is also granted.
- Denied
The Board denied a rating in excess of 10 percent for the Veteran's service-connected fracture right tibia and fibula with mild knee disability, finding that his symptomatology did not warrant an increase beyond the current 10 percent rating.
- Granted
The veteran's right upper extremity disability, specifically the arm with a history of gunshot wound and fracture, is currently rated at 40 percent. The rating has been maintained despite recent findings indicating limited forearm flexion.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.