The Veteran's service-connected residuals of fracture of the right tibia and fibula are rated at 30 percent, which is not sufficient to grant a rating in excess of this amount.
The deciding factor: The Veteran's knee disability has been shown to more nearly approximate overall marked knee disability due to limitation of motion as worse than 90 degrees of flexion with flares resulting in inability to bend the knee and subjective sensation of give-way and instability.
- Claimed conditions
- fracture of the right tibia and fibula, chondromalacia of the right knee, degenerative changes in the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 2, 2016
- Citation
- 1617581
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 1617581.
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.
- Granted
The Veteran's service-connected disabilities have caused him to need regular aid and attendance, leading to a grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC at the housebound rate is dismissed as moot.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the lack of a VA examination and opinion regarding his claimed conditions. The Board finds that additional development is necessary to determine if there is a link between the Veteran's current disabilities and his active service.
- Dismissed
The Board's September 4, 2025 decision was vacated due to a failure to address clear and unmistakable error arguments, depriving the Veteran of due process.
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