The veteran's right leg disability, including a closed tibiofibular fracture and right anterior horn lateral meniscus tear, does not warrant a rating in excess of 30 percent.
The deciding factor: The veteran's range of motion for his right knee is within the criteria for a 30 percent evaluation under Diagnostic Code 5261, and there is no evidence of additional functional loss due to pain that would support a higher rating.
- Claimed conditions
- closed tibiofibular fracture, right, postoperative, right anterior horn lateral meniscus tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2009
- Citation
- 0902158
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
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