The Board's August 1968 decision, which denied an increased evaluation for residuals of a fracture of the left tibia and fibula, is void ab initio due to failure to apply proper reduction criteria. The prior rating of 20 percent is restored as of December 1, 1968.
The deciding factor: The Board failed to address the applicable regulations for reducing a veteran's disability rating without observing the provisions of 38 C.F.R. § 3.344, resulting in an erroneous reduction and void ab initio decision.
- Claimed conditions
- fracture of the left tibia and fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 28, 2014
- Citation
- 1424087
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 1424087.
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.
- Granted
The VA has granted a 20 percent disability evaluation for the veteran's residuals of a fracture of the left tibia and fibula, characterized by malunion with moderate knee or ankle disability.
- Granted
The veteran's service-connected residuals of fracture to the left tibia and fibula are currently rated at 20 percent, which is appropriate given his moderate knee and ankle disabilities. The low back disability has been granted as secondary to the service-connected fractures.
- Granted
The Board granted a higher (compensable) rating of 10 percent for the veteran's residuals of fracture of the left tibia and fibula, effective May 6, 2004.
- Remanded (sent back)
The veteran's claim for an increased rating for residuals of a fracture of the left tibia and fibula is being remanded due to inadequate VCAA notice, need for new VA examination, and incomplete medical records.
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