The Veteran's service-connected residuals of a fracture of the right tibia and fibula have been shown to result in no more than overall moderate knee disability, which does not meet the criteria for a rating in excess of 20 percent.
The deciding factor: The medical evidence shows that the Veteran has had full extension of his right knee with flexion limited to 90 degrees at its worst. The findings do not reflect marked knee or ankle disability as required for a higher rating under DC 5262.
- Claimed conditions
- Fracture of the right tibia and fibula, Chondromalacia of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 18, 2009
- Citation
- 0935232
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 0935232.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied the veteran's claims for increased ratings for his right and left knee disabilities, except that it granted a 10 percent rating for instability of the right knee prior to September 28, 2018, and a 20 percent rating from that date. The Board also granted a 10 percent rating for instability of the left knee.
- Granted
The Board has granted an effective date of August 6, 2014 for the award of a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance (DEA). The decision is based on evidence showing that the Veteran's service-connected disabilities prevented him from securing or maintaining substantially gainful employment prior to this date.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his service-connected right and left knee disabilities due to insufficient information regarding the severity of his knee conditions during flare-ups.
- Denied
The Veteran's left and right knee disabilities are currently rated at 10 percent each, with separate ratings of 10 percent for left knee instability. The appeal is denied as the criteria for higher ratings have not been met.
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