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Whole decision: Denied

The veteran's claim for an increased evaluation for residuals of a right clavicle and scapula fracture is denied as the evidence does not support a disability rating in excess of 20 percent. The claims to reopen service connection for infectious hepatitis and diabetes mellitus are granted, but neither condition is found to be related to service or a service-connected disability. The veteran's claim for TDIU is also denied due to his ability to secure and maintain substantially gainful employment with his educational background and occupational experience. The veteran's claim for SMC based on the anatomical loss of use of his right lower extremity is denied.

The deciding factor: The preponderance of the evidence does not support a disability rating in excess of 20 percent for residuals of a right clavicle and scapula fracture, as the veteran's range of motion does not meet the criteria for a higher evaluation under applicable diagnostic codes. The claims to reopen service connection for infectious hepatitis and diabetes mellitus are granted due to the submission of new evidence, but neither condition is found to be related to service or a service-connected disability. The veteran's claim for TDIU is denied as he has not been shown to be unemployable due to his service-connected disabilities.

Claimed conditions
Right clavicle and scapula fracture
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
June 29, 2006
Citation
0619161

Veterans Law Judge

S. L. Kennedy

Decisions by this judge: 2,435 · Granted: 22% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0619161.

What this means for you

A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.

What you can do next

Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).

Related decisions

Other Board decisions on a similar condition or argued the same way.

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