ELBOW IMPAIRMENT OF

Summary

The veteran appeals the denial of an increased disability rating for residuals of a right ulna and radius fracture, currently rated at 10 percent. The claim originates from an August 2010 request for a higher rating based on limitation of motion. The Board notes that the maximum schedular rating for this condition under Diagnostic Code 5215 is 10 percent. The veteran sought a rating in excess of 10 percent, which would require a different diagnostic code or criteria, such as ankylosis of the wrist (DC 5214) or convalescence following surgery (38 C.F.R. § 4.30). However, the record does not indicate the veteran experienced ankylosis or underwent further surgery during the period on appeal. The Board acknowledges a temporary 100 percent rating was in effect from November 20, 2012, to March 1, 2013, but this does not affect the period under review. The Board also notes that service connection for right radial nerve radiculopathy was granted by the RO in February 2025, making that issue no longer on appeal. The Board found substantial compliance with its prior remand directives. Ultimately, the Board denied entitlement to a disability rating in excess of 10 percent for the right wrist residuals, as the criteria for higher ratings were not met.

Rationale

Maximum schedular rating for DC 5215 is 10 percent.; Record does not show ankylosis of the wrist.; Record does not show additional surgery during the period on appeal.

Full Decision Text

Citation Nr: 26005056
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 17-00 773
DATE: April 29, 2026

ORDER

Entitlement to a disability rating in excess of 10 percent for residuals, open reduction internal fixation right ulna and radius fracture prior to November 20, 2012, and from March 1, 2013, onward, is denied.

FINDINGS OF FACT

1. A 10 percent disability rating, the maximum available under Diagnostic Code 5215, is in effect for the Veteran's residuals, open reduction internal fixation right ulna and radius fracture for the entire period on appeal.

2. There is no showing of ankylosis of the right wrist. 

CONCLUSION OF LAW

The criteria for entitlement to a disability rating in excess of 10 percent for residuals, open reduction internal fixation right ulna and radius fracture prior to November 20, 2012, and from March 1, 2013, onward are not met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.7, 4.71a (2010), 4.71a.  

REASONS AND BASES FOR FINDING AND CONCLUSION

This matter returns to the Board of Veterans' Appeals (Board) following a March 2024 Board remand for additional development. A remand by the Board confers on the Veteran, as a matter of law, the right to substantial compliance with the remand orders. Stegall v. West, 11 Vet. App. 268, 271 (1998). As discussed further below, the Board finds there has been substantial compliance with its March 2024 remand directives and adjudication on the merits is appropriate. 

These claims originate from an appeal of a September 2012 rating decision that denied an August 9, 2010, claim for an increased rating for a right wrist disability, currently rated as residuals, open reduction internal fixation right ulna and radius fracture. 

On its face, the Veteran's August 9, 2010, claim reflected that he sought a higher disability rating for his right wrist disability, rated on the basis of limitation of motion under 38 C.F.R. § 4.71a. However, VA is obligated to develop and adjudicate claims for secondary service connection that are reasonably raised during the processing of a properly initiated claim as to the primary service-connected disability's evaluation level. Bailey v. Wilkie, 33 Vet. App. 188, 201 (2021); 38 C.F.R. § 3.155. 

Accordingly, during the pendency of the Veteran's appeal, the Board addressed the issue of entitlement to service connection for right radial nerve radiculopathy as proximately due to his residuals, open reduction internal fixation right ulna and radius fracture. 

In March 2024 the Board remanded the Veteran's right wrist claim for development of the right radial nerve radiculopathy issue. In February 2025 a VA Regional Office (RO) granted service connection for right radial nerve radiculopathy back to May 21, 2012. Accordingly, this matter is no longer on appeal before the Board. Further, the Board finds there has been substantial compliance with its March 2024 remand directives. 

1. Entitlement to a disability rating in excess of 10 percent for residuals, open reduction internal fixation right ulna and radius fracture prior to November 20, 2012, and from March 1, 2013, onward, is denied.

Disability ratings are determined by applying the criteria set forth in the VA Schedule of Rating Disabilities (Rating Schedule) and are intended to represent the average impairment of earning capacity resulting from disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Separate diagnostic codes identify the various disabilities. Disabilities must be reviewed in relation to their history. 38 C.F.R. § 4.1. Other applicable general policy considerations are: interpreting reports of examination in light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating many accurately reflect the elements of disability; resolving any reasonable doubt regarding the degree of disability in favor of the claimant; where there is a questions as to which of two evaluations apply, assigning a higher of the two where the disability pictures more nearly approximates the criteria for the next higher rating; and, evaluating functional impairment on the basis of lack of usefulness, and the effects of the disability upon the person's ordinary activity. See 38 C.F.R. §§ 4.2, 4.3, 
. 38 C.F.R. § 4.1. Other applicable general policy considerations are: interpreting reports of examination in light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating many accurately reflect the elements of disability; resolving any reasonable doubt regarding the degree of disability in favor of the claimant; where there is a questions as to which of two evaluations apply, assigning a higher of the two where the disability pictures more nearly approximates the criteria for the next higher rating; and, evaluating functional impairment on the basis of lack of usefulness, and the effects of the disability upon the person's ordinary activity. See 38 C.F.R. §§ 4.2, 4.3, 4.7, 4.10; see also Schafrath v. Derwinski, 1 Vet. App. 589 (1991).

The Board notes that a temporary 100 percent disability rating is in effect for the period from November 20, 2012, to March 1, 2013. Accordingly, the Board will consider the period prior to November 20, 2012, and from March 1, 2013, onward. 

The Veteran's right wrist disability is rated under Diagnostic Code 5215. 38 C.F.R. § 4.71a. Under the rating criteria in effect both presently and at the time of the Veteran's August 2010 claim a 10 percent rating is the highest schedular rating available. A 10 percent disability rating is already in effect for the entire period on appeal. 

The Board acknowledges that higher disability ratings may be assigned under 38 C.F.R. § 4.71a, Diagnostic Code 5214 where there is ankylosis of the wrist, and/or under § 4.30 on the basis of convalescence following surgery. However, the record does not reflect that the Veteran has experienced ankylosis of the wrist or has undergone additional surgery at any point during the period on appeal. 09/17/2012, VA Examination at 46; 12/10/2016, C&P Exam at 5; 01/10/2020, C&P Exam at 3; 08/25/2021, C&P Exam at 13; 01/31/2025, C&P Exam at 2. 

Given the above, the criteria for entitlement to a disability rating in excess of 10 percent for residuals, open reduction internal fixation right ulna and radius fracture prior to November 20, 2012, and from March 1, 2013, onward are not met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.7, 4.71a (2010), 4.71a.  

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sametshaw, Eric C.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.