The veteran's right and left tibial stress fractures were denied a compensable rating as there was no evidence of impairment of the tibia or fibula, nor any functional limitation that would warrant a higher rating under applicable criteria.
The deciding factor: The veteran failed to report for scheduled VA examinations, and the medical evidence did not show any impairment of the tibia or fibula or functional limitations that would support a compensable rating.
- Claimed conditions
- right tibial stress fracture, left tibial stress fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 28, 2008
- Citation
- 0810440
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (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 0810440.
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.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for left tibial stress fracture and for an initial rating in excess of 20 percent for fibromyalgia due to inadequate examinations and overlapping symptoms between the conditions.
- Whole decision: Denied
The Veteran's request for a higher rate of special monthly compensation (SMC) was denied because the evidence did not show loss of use of either hand or foot.
- Whole decision: Granted
The Board granted service connection for right and left tibial stress fractures as secondary to the service-connected PTSD, resolving reasonable doubt in favor of the Veteran.
- Whole decision: Granted
The Veteran's obstructive sleep apnea is caused by his obesity, which in turn is due to his service-connected thoracolumbar spine, degenerative disc and joint disease; residuals of right ACL instability; right hip strain with osteoarthritis; left knee degenerative arthritis; right knee instability; and right tibial stress fracture. The Board has granted the claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities.
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