The Veteran's service-connected injury to tibialis anterior muscle of the right leg has been rated at 10 percent since June 2007, and the Board found that his disability more nearly approximates a moderate level of impairment rather than a higher rating.
The deciding factor: The medical evidence shows that the Veteran’s muscle injury does not affect his muscle substance or function, but he experiences weakness and fatigue-pain. The VA examiners noted these symptoms as cardinal signs and symptoms of muscle disability under Diagnostic Code 5312.
- Claimed conditions
- Service-connected residuals of injury to tibialis anterior muscle, muscle group XII, of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 29, 2020
- Citation
- 20070195
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
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