The Board denied the appellant's claims for increased evaluations of his left distal fibula and brachial plexus injuries, finding that prior to May 2, 2005, there was no evidence showing restriction of motion or arthritis in the ankle. The claim for a higher evaluation after May 1, 2005, also failed.
The deciding factor: The medical evidence did not show any signs of arthritis or significant limitation of motion prior to May 2, 2005, and thus no compensable rating could be assigned based on the criteria provided in Diagnostic Code 5262.
- Claimed conditions
- fracture of the left distal fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 12, 2013
- Citation
- 1308371
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 1308371.
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 claim for an increased evaluation for his left ankle disability, which is rated at 30 percent under the provisions of Diagnostic Code 5262 (impairment of tibia and fibula), has been denied as there is no evidence of nonunion or malunion of the fibula with marked ankle disability, nor ankylosis of the ankle.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing.
- Whole decision: Remanded (sent back)
The Veteran's claim for an increased evaluation for residuals of fracture of the left distal fibula is being remanded due to a lack of substantial compliance with the Board's previous instructions, including obtaining an adequate and contemporaneous VA examination.
- Whole decision: Denied
The Board denied an increased rating for the veteran's residuals of a fracture of the left distal fibula, finding that the disability is manifested by slight limitation of motion and no more than degenerative joint disease. The preponderance of evidence did not support a higher rating.
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