The veteran's right tibial and fibular fracture residuals have been objectively shown to be manifested by no more than healed tibial and fibular shaft fractures with mild deformity, including tibial thickening and partial tibial and fibular alignment offset; right lower extremity shortening measuring between 1/2 inch and 1 3/16 inches; and right ankle stiffness and limitation of motion. The veteran's right (major) elbow fracture residuals are currently evaluated as 30 percent disabling.
The deciding factor: The veteran's clinical findings fall directly within the criteria for a 10 percent evaluation under the provisions of 38 C.F.R. § 4.71a, Diagnostic Code 5262.
- Claimed conditions
- right tibial and fibular fracture residuals, right (major) elbow fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902876
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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