EDUCATIONAL TOOL ONLY. Not legal or medical advice. Not affiliated with the VA.
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Fracture Nonunion
✓ VERIFIED AGAINST 38 C.F.R.§ 4.71a (Musculoskeletal system) · reviewed 2026-05-27 · ClaimRecon Editorial Team
Fracture Nonunion is rated by the U.S. Department of Veterans Affairs under DC 5299 of 38 CFR § 4.71a, DC 5299 across 1 severity tier (0%). Service connection requires (1) a current diagnosis, (2) an in-service event, injury, or exposure, and (3) a medical nexus opinion linking the two under 38 C.F.R. § 3.303.
OVERVIEW
Fracture that has failed to heal (nonunion) or healed in poor alignment (malunion), causing persistent pain, instability, and functional loss
RATING CRITERIA (1 LEVELS)
0%
Per § 4.20: rate under the bone-specific nonunion DC. Common values: DC 5255 femur nonunion with loose motion = 90% with SMC; without loose motion = 60% with SMC; DC 5262 tibia/fibula nonunion = 40%; DC 5275 lower-extremity shortening 1.25-2 inches = 10% up to 60% for over 4 inches with SMC; DC 5283 tarsal/metatarsal nonunion = 10/20/30 Severe/Moderately Severe/Moderate.
KEY EVIDENCE TO GATHER
-Service treatment records showing injury or complaints
-Imaging (X-ray, MRI, CT)
-Range of motion measurements
-Flare-up documentation per Sharp v. Shulkin
-Buddy statements describing limitations
-Prescription history
-Physical therapy records
-Employment impact documentation
C&P EXAM TIPS (6)
1.Do NOT stretch, warm up, or take pain medication before your exam. The VA needs your baseline limitation.
2.Report your WORST day. DeLuca v. Brown requires documentation of functional loss during flare-ups.
3.Tell the examiner about flare-ups: frequency, duration, estimated ROM loss. Sharp v. Shulkin (2017) requires estimates.
4.Request active, passive, weight-bearing, and non-weight-bearing ROM testing per Correia v. McDonald (2016).
5.If you use assistive devices (brace, cane), bring them.
6.Describe daily activity impact: work, sleep, household tasks.
SOURCES & EDITORIAL
Rating criteria text quoted verbatim from 38 C.F.R. § 4.71a (Musculoskeletal system). Source verified 2026-05-27 by ClaimRecon Editorial Team during a regulation-text comparison against the Cornell Law CFR mirror; eCFR.gov is the authoritative government source.
EDUCATIONAL TOOL ONLY. NOT LEGAL OR MEDICAL ADVICE.
NOT AFFILIATED WITH THE U.S. DEPARTMENT OF VETERANS AFFAIRS.
CLAIM RECON 2026