The veteran's service-connected stress fractures of the left and right tibia have not met the criteria for a higher evaluation prior to November 25, 2005, or after that date.
The deciding factor: The VA examinations did not show ankylosis, subluxation or lateral instability, dislocated semilunar cartilage with frequent episodes of locking, symptomatic removal of semilunar cartilage, genu recurvatum, a compensable degree of limitation of motion, or impairment of the tibia and fibula that manifests malunion of any degree of severity.
- Claimed conditions
- stress fractures, ankylosis, subluxation or lateral instability, dislocated semilunar cartilage with frequent episodes of locking, pain, effusion, symptomatic removal of semilunar cartilage, genu recurvatum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 7, 2008
- Citation
- 0838581
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 0838581.
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: Granted
The Board has granted the Veteran's claim for service connection for left wrist disability, finding that it was presumed aggravated by service and there is no clear and unmistakable evidence of its increase in severity due to natural progression.
- Whole decision: Granted
The Veteran's claim for service connection for PTSD has been withdrawn by the appellant.,Service connection for pain secondary to a service-connected condition is denied. The Veteran does not have a current disability of pain that is related to service or a service-connected condition he is not currently compensated for.
- Whole decision: Remanded (sent back)
The reduction in the disability evaluation rating for service-connected left knee meniscal tear with osteoarthritis, MCL sprain, effusion, status post ACL repair including limitation of flexion from 30 percent to 10 percent was improper. The 30 percent rating is restored.
- Whole decision: Remanded (sent back)
The Veteran's eligibility for PCAFC benefits is being reviewed due to his service-connected disabilities. The Board has found the current decision inconclusive and requires a more detailed medical opinion.
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