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
- Not verified here — check the original decision
- Decision date
- January 27, 2009
- Citation
- 0902876
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0902876.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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: Denied
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- Whole decision: Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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