The veteran's claim for a higher rating for his left tibia fracture disability was denied as the evidence did not show any pathology warranting a rating in excess of 20 percent prior to December 15, 2006 or 30 percent from that date.
The deciding factor: The VA examination findings did not show malunion with marked knee or ankle disability, nonunion with loose motion requiring brace, or ankylosis of the ankle.
- Claimed conditions
- residuals of left tibia fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 6, 2008
- Citation
- 0826399
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 0826399.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board dismissed the claims for service connection for residuals of left tibia fracture and for residuals of partial undersurface tear due to an impermissible concurrent election in the appeal process.
- Whole decision: Denied
The Veteran's residuals of left tibia fracture are currently rated as 10 percent disabling, and the Board finds that this rating is appropriate given the current evidence.
- Whole decision: Remanded (sent back)
The Veteran's residuals of left tibia fracture are currently rated at 10 percent, and the Board finds that a higher rating is warranted based on the need for an additional VA examination to assess the severity of his condition.
- Whole decision: Granted
The Veteran is found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including major depressive disorder and migraine headaches.
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