The Veteran's claim for a rating in excess of 20 percent for his right knee condition was denied, as the evidence did not show malunion of the tibia and fibula with marked knee or ankle disability.,The Veteran's claim for a separate compensable rating for his right leg length discrepancy was also denied.
The deciding factor: The VA examiner found that the Veteran's right knee condition did not meet the criteria for a higher rating under Diagnostic Code 5262, as there was no evidence of malunion or nonunion with loose motion requiring a brace.,There is no evidence showing shortening of the bones in either leg that meets the criteria for a separate compensable rating under Diagnostic Code 5275.
- Claimed conditions
- Residuals of malunion of the tibia and fibula with arthritic changes of the right knee, Right leg length discrepancy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2023
- Citation
- 23064970
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 23064970.
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.
- Partly granted
The Board granted initial evaluations for degenerative arthritis of the right ankle and right leg length discrepancy, while denying an evaluation in excess of 10 percent for right hip sprain with impairment of the thigh and an evaluation in excess of 20 percent for right foot degenerative arthritis.
- Granted
The Veteran's right leg length discrepancy, a residual of tibia-fibula fracture, is now rated at 10 percent effective January 5, 2023. The rating takes into account the functional loss due to pain and other limitations.
- Remanded (sent back)
The Veteran's right leg length discrepancy is rated at a noncompensable level, but the Board has found that it warrants a 10 percent rating. The claims for increased ratings of his service-connected right hip strain are remanded due to inadequate VA examinations.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and extraschedular rating for right total knee replacement due to issues with procedural errors in the Supplemental Statement of the Case (SSOC).
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