The Veteran's claim for a higher evaluation for residuals of left tibia and fibula fracture is denied. The Board found that an evaluation in excess of 10 percent would violate the amputation rule as his left lower extremity has a combined rating of 60 percent, which is the maximum allowed for a knee amputation at the knee level.
The deciding factor: The Veteran's left tibia and fibula fracture resulted in a combined disability rating of 60 percent due to other ratings for the left lower extremity, violating the 'amputation rule' (38 C.F.R. § 4.68).
- Claimed conditions
- residuals of left tibia and fibula fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 26, 2018
- Citation
- 18160449
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 18160449.
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.
- Granted
The Veteran's residuals of left tibia and fibula fracture are currently rated at a 10% evaluation. The Board has determined that the disability is productive of moderate knee disability, warranting an increase to a 20% evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development, including obtaining updated VA treatment records and scheduling a new VA examination. The issues of entitlement to an evaluation in excess of 20 percent disabling for residuals of a left tibia and fibula fracture and entitlement to TDIU are now before the RO.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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