The Board has determined that the veteran's right leg disability, characterized by nonunion in the right tibia and fibula, use of a brace and cane, one-half inch discrepancy with the right leg being shorter, weakness in the right ankle, atrophy in the gastrocnemius muscle on the right side affecting ankle motion, slow antalgic gait, and subjective complaints of spasms, weakness, stiffness, and extreme pain in the right leg, warrants a 40 percent disability evaluation.
The deciding factor: The medical evidence shows that the veteran's right leg disability is manifested by nonunion in the right tibia and fibula, use of a brace and cane, one-half inch discrepancy with the right leg being shorter, weakness in the right ankle, atrophy in the gastrocnemius muscle on the right side affecting ankle motion, slow antalgic gait, and subjective complaints of spasms, weakness, stiffness, and extreme pain in the right leg.
- Claimed conditions
- residuals of fracture to the right tibia and fibula with shortness of lower limb
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 23, 2008
- Citation
- 0824694
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. Search VA.gov for the original decision (opens in a new tab) using citation 0824694.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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