The Veteran's left distal tibia/fibula fracture residuals are currently rated as 10 percent disabling. The evidence does not support a higher rating.,The Veteran's service-connected left lower extremity sciatica is currently rated as 10 percent disabling. The evidence does not support a higher rating.,For the period from September 22, 2005 to February 20, 2006 and from May 5, 2006 to June 14, 2009, the Veteran's thoracolumbar spine disability is rated as 10 percent disabling. For the period from February 21, 2006 to May 4, 2006, a 20 percent rating is warranted due to guarding severe enough to result in abnormal gait.,For the portion of the period from June 15, 2009 forward, a 20 percent rating is warranted for the Veteran's thoracolumbar spine disability.
The deciding factor: The preponderance of the evidence does not support an evaluation higher than 10 percent for left distal tibia/fibula fracture residuals. The disability did not meet criteria for more severe ratings.,The preponderance of the evidence does not support a higher initial rating for left lower extremity sciatica. The disability was found to be manifested by moderate incomplete paralysis, which corresponds to the current 10 percent rating.,For the periods from September 22, 2005 to February 20, 2006 and from May 5, 2006 to June 14, 2009, the Veteran's thoracolumbar spine disability did not meet criteria for higher ratings. The evidence showed forward flexion limited to less than 30 degrees.,For the portion of the period from June 15, 2009 forward, a 20 percent rating is warranted due to forward flexion limited to 45 degrees.
- Claimed conditions
- Left distal tibia/fibula fracture residuals, Left lower extremity sciatica, Thoracolumbar spine degenerative disc disease and disc tears, protrusions, extrusions, and compression fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 13, 2012
- Citation
- 1209423
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 1209423.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claims for earlier effective dates for service connection for degenerative arthritis with lumbosacral strain, left lower extremity sciatica, and right lower extremity sciatica have been dismissed.,The Veteran's TDIU claim has been granted from September 16, 2011.,The Veteran's SMC based on housebound criteria has been granted effective from March 13, 2024.
- Granted
The Board has granted service connection for degenerative disc disease of the lumbar spine and left lower extremity sciatica, finding that there is a nexus between these conditions and in-service injuries. The Veteran's current disabilities are considered to be due to his military service.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct a pre-decisional duty to assist error, including verifying in-service stressors and scheduling examinations.
- Denied
The Board denied the Veteran's claims for earlier effective dates for increased ratings and service connection, as well as remanded several new claims.
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