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.
The deciding factor: The medical evidence does not support a finding of nonunion or malunion of the left distal fibula with marked ankle disability, and there is no evidence of ankylosis of the left ankle. The Veteran's symptoms are fully contemplated by the current 30 percent evaluation under Diagnostic Code 5262.
- Claimed conditions
- fracture of the left distal fibula, ankle arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 16, 2013
- Citation
- 1322657
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 1322657.
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: Granted
The Board has granted service connection for chronic left ankle instability, ankle arthritis, and chronically torn ligaments, bilateral hearing loss, and tinnitus. The decision is based on the Veteran's credible testimony regarding his in-service injuries and continuous symptoms since separation from service.
- Whole decision: Dismissed
The Veteran's appeal has been withdrawn on the issues of entitlement to service connection for ankle arthritis, gum disease, a cracked jawbone, hypertension and a skin condition.
- Whole decision: Denied
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.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded to the RO for additional development, including scheduling a videoconference hearing.
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