The Board denied the veteran's claims for increased ratings for his service-connected residuals of a fracture of the left humerus, finding that he was already receiving the maximum available rating under applicable diagnostic codes.
The deciding factor: The veteran's disability had been rated at 40 percent since January 20, 2005 and no higher based on the criteria for impairment of the humerus and arm. The Board found that his condition did not warrant a higher rating as he was already receiving the maximum available rating.
- Claimed conditions
- fracture of the left humerus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 8, 2006
- Citation
- 0634694
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (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 0634694.
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.
- Granted
The Veteran is granted TDIU from July 14, 2007 to July 6, 2008. The issues of initial increased ratings for residuals of a head injury with depression and secondary insomnia, fracture and dislocation of the left elbow, and fracture of the left humerus are remanded.
- Remanded (sent back)
The Board has dismissed the issues of service connection for a right knee disability and chronic fatigue syndrome (CFS). The remaining issues have been remanded for further examination and evaluation.
- Granted
The Veteran's service-connected disabilities require the need for regular aid and attendance, but not housebound status. Special monthly compensation based on the need for regular aid and attendance is granted.
- Granted
The Board has determined that the veteran's folliculitis and residuals of a fracture of the left humerus are service-connected, with the former receiving a 100% disability rating.
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