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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1039270.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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