The Board found that the Veteran's residuals of a fracture of the right tibia did not meet or approximate criteria for a higher rating, and thus denied his claim for an increased evaluation.
The deciding factor: The evidence showed normal extension and almost full flexion of the right knee without limitation to less than 45 degrees, which is required for a higher rating under Diagnostic Code 5260.
- Claimed conditions
- fracture of the right tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 18, 2013
- Citation
- 1302185
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 1302185.
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.
- Remanded (sent back)
The Veteran's claims for various conditions and disabilities are being remanded due to the need for additional development, including obtaining Social Security Administration records.
- Granted
The Veteran's knee disability is currently rated at 10 percent for arthritis and fracture of the right tibia. He also has a separate rating for quadriceps atrophy and shortening of the right tibia, but this issue was not addressed in the decision.
- Granted
The veteran's left knee condition, post-total knee arthroplasty, is currently rated at 30 percent disabling. His right tibia fracture remains rated at 30 percent since September 24, 2003.
- Denied
The Board has determined that the veteran's residuals of a fracture of the right tibia with sequestrectomy, sinusectomy and osteomyelitis do not warrant an increased rating beyond the current 30 percent assigned.
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