The Veteran's claim for an increased rating and TDIU due to residuals of a fracture of the right tibia and fibula was denied by the Board. The case is being remanded for further development, including obtaining VA treatment records and arranging for a VA orthopedic examination.
The deciding factor: The decision did not adequately address the Veteran's reports of right knee instability, pain, stiffness, incoordination, and flare-ups, nor did it consider extra-schedular considerations or the impact on employability.
- Claimed conditions
- fracture of the right tibia and fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2010
- Citation
- 1039270
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 1039270.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's residuals of a fracture of the right tibia and fibula were not manifested by ankylosis, semilunar cartilage disorder, flexion limited to 15 degrees, extension limited to 20 degrees, or malunion with marked ankle disability. The Veteran was in receipt of a separate compensable rating for right knee instability.
- Denied
The Veteran's service-connected residuals of fracture of the right tibia and fibula are rated at 30 percent, which is not sufficient to grant a rating in excess of this amount.
- Denied
The Board denied the veteran's claim for a total rating based on individual unemployability due to his service-connected disabilities, finding that they do not render him unable to secure or follow substantially gainful employment.
- Denied
The veteran's disabilities are rated at 80 percent, and the appellant seeks an increased special apportionment of his VA disability income. The Board denied the claim as awarding a special apportionment in excess of $250.00 per month would cause undue hardship to the veteran.
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