The Veteran's appeal was denied as her claim for an increased rating for the residuals of a compound, comminuted fracture of the right tibia and a simple fracture of the right fibula remained at 30 percent. Service connection was granted for back disability, right hip disability, and left hip disability.
The deciding factor: The Veteran's knee impairment did not meet the criteria for a higher rating as her flexion exceeded 30 degrees and she had no limitation of extension or instability. Her ankle impairment met the criteria for a 30 percent rating based on moderate to marked limitation of motion, but nonunion of the right tibia and fibula or ankylosis of the right ankle was not shown.
- Claimed conditions
- compound, comminuted fracture of the right tibia and a simple fracture of the right fibula, right hip disability, left hip disability, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 13, 2009
- Citation
- 0938822
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 0938822.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
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: Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Whole decision: Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
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