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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1753877.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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