The veteran's service-connected mandible and ankle disabilities have not met the criteria for a higher rating. The compound fracture of the left mandible is rated as 10 percent disabling, while the simple fracture of the right condylar neck remains noncompensable. For the period prior to May 1, 2003, there was no compensable evaluation for the history of chip fracture in the right distal fibula. Beginning May 1, 2003, a rating in excess of 10 percent is not warranted.
The deciding factor: The veteran's service-connected mandible and ankle disabilities do not meet the criteria for higher ratings under applicable diagnostic codes due to lack of evidence of severe nonunion or moderate impairment with occasional incapacitating exacerbations. The history of chip fracture, right distal fibula has been rated as noncompensable prior to May 1, 2003, and a rating in excess of 10 percent is not warranted beginning May 1, 2003.
- Claimed conditions
- Compound fracture of left mandible, Simple fracture of condylar neck of right mandible
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2008
- Citation
- 0833972
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 0833972.
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