The issue of entitlement to an increased rating for right tibia/fibula fracture residuals with Muscle Group XI injury is dismissed as the veteran's entire benefit sought on appeal has already been awarded.
The deciding factor: The veteran requested a 30% evaluation, which was granted by the Director of C&P. As this issue has been fully resolved, no further action is warranted.
- Claimed conditions
- right tibia/fibula fracture residuals with Muscle Group XI injury, right lower extremity shortening, right lower leg scar residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2008
- Citation
- 0839103
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 0839103.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The veteran's appeal has been withdrawn, and the Board is dismissing the case without prejudice.
- Dismissed
The veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal. The issues related to increased ratings for various knee and spine disabilities have not yet had a SOC issued on the issue of effective date for TDIU.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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