The Veteran's residuals of fracture, left tibia and fibula have been rated at the maximum 40 percent since March 25, 2008. His varicose veins, left leg, are also rated at the maximum 40 percent since March 25, 2008.
The deciding factor: The VA examination in May 2008 showed nonunion of the tibia and fibula with loose motion requiring a brace, which is consistent with the current rating criteria for this disability.
- Claimed conditions
- Left tibia and fibula fracture, Varicose veins, left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 16, 2012
- Citation
- 1239214
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 1239214.
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.
- Partly granted
The Board granted service connection for a neurological disability (manifested by pain, weakness, and speech disturbance) as secondary to the Veteran's service-connected hemiplegic migraines. The claims for increased ratings for hypertension, post-phlebitic syndrome of the right leg, varicose veins of the left leg, and tinnitus were denied. A 10 percent rating was granted for residuals of a fractured sternum effective April 1, 2021.
- Denied
The Veteran's claim for an increased rating for residuals of fracture to left tibia and fibula was denied as he is currently in receipt of the maximum schedular disability rating of 20 percent.
- Remanded (sent back)
The Board has denied service connection for varicose veins of the legs, right hip disorder, left hip disorder, right knee disorder, and back disorder. The case is remanded for further development.
- Denied
The Veteran's claim for an evaluation in excess of 10 percent for service-connected residuals of a left tibia and fibula fracture with left ankle DJD was denied. The claim for TDIU due to the service-connected disability was also denied.
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.