The Board found that the veteran's right thigh fracture pre-existed service and was not aggravated therein. The right ankle/foot disability is not considered to have been incurred in or aggravated by service.
The deciding factor: The evidence established that a pre-existing right femur fracture with surgical intervention had its onset prior to the veteran's entrance into service, rebutting the presumption of soundness at entry. The Board also found no clear and unmistakable evidence showing aggravation during service.
- Claimed conditions
- Right Ankle/Foot Disability, Right Femur Fracture
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2003
- Citation
- 0301832
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0301832.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment since March 1, 2022. Therefore, the Board finds that he is entitled to a TDIU as of such date.
- Granted
The Veteran's right femur fracture with total hip replacement is granted at a 70 percent rating from April 29, 2021 onwards.
- Granted
The Veteran's right knee arthritis was rated at 10% prior to September 16, 2013. From November 1, 2014, he received a 60% disability rating for his right total knee replacement. The right knee scar has been rated as noncompensably disabling until April 23, 2019 and then at 10%. A TDIU was granted from September 16, 2013.
- Denied
The Veteran's left knee arthritis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right femur fracture is currently rated at 10 percent, and the Board finds that a higher rating is not warranted.
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