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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1308371.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Remanded (sent back)
The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing.
- 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.
- 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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