The Veteran's service-connected right tibia and fibula fracture does not meet the criteria for special monthly compensation (SMC) based on loss of use of the foot, as his remaining function exceeds that of an amputation stump at the site of the election below the knee with use of a suitable prosthetic appliance.
The deciding factor: The Veteran's right lower extremity has sufficient remaining function to exceed that of an amputation stump at the site of the election below the knee with use of a suitable prosthetic appliance, thus not meeting the criteria for SMC based on loss of use of the foot.
- Claimed conditions
- Right tibia and fibula fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2010
- Citation
- 1030837
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 1030837.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to April 6, 2022. Therefore, the claim for TDIU prior to that date is denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a rating in excess of 30 percent for residuals of a right tibia and fibula fracture, an effective date prior to March 15, 2013, for TDIU, and an effective date prior to March 15, 2013, for eligibility to Dependents' Educational Assistance (DEA). The claims are remanded due to the need for a new VA examination.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for residuals of a right tibia and fibula fracture is remanded due to the lack of information regarding any associated ankle disability.
- Remanded (sent back)
The Board has granted extension of a temporary total (100 percent) evaluation for convalescence following surgically corrected right tibia and fibula fracture through May 31, 2013. The issues of increased ratings for left-sided peroneal tendon subluxation and surgically corrected right tibia and fibula fracture are remanded due to the need for additional VA examinations.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.