The Board has determined that the Veteran's left tibial fracture, status post ORIF with retained hardware, does not meet the criteria for a compensable initial evaluation.
The deciding factor: The objective evidence does not support a finding of malunion or nonunion of the tibia, which is required for a compensable rating under DC 5262. The Veteran's left knee arthritis already takes into account limitation in motion and pain.
- Claimed conditions
- left tibial fracture, osteoarthritis in the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2017
- Citation
- 1753877
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 1753877.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings and special monthly compensation, as well as remanded a claim for service connection of dental avulsion.
- Remanded (sent back)
The Board has remanded the case due to a failure to obtain a medical opinion on the relationship between the Veteran's osteomyelitis and his service-connected left zygoma fracture. The appellant asserts that the cause of death was related to the service-connected condition.
- Remanded (sent back)
The Board has determined that the appeal for increased evaluations and extension of a temporary total evaluation is remanded due to incomplete procedural development. The Veteran's appeal seeking an increased initial evaluation for service-connected scars of the left ankle remains in appellate status.
- Remanded (sent back)
The Board has remanded six issues of service connection for various knee and hip conditions, as well as arthritis in the left foot. The reasons include insufficient evidence to determine if the pre-existing lumbar spine disorder was aggravated by service or if the left foot arthritis is related to a vehicle accident during service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.