The Board denied service connection for the residuals of a right femur fracture, finding clear and unmistakable evidence that the condition pre-existed the Veteran's active service and was not aggravated by it. The initial evaluation of 10 percent for chondromalacia of the right knee was granted.
The deciding factor: The Board found clear and unmistakable evidence demonstrating that a right femur fracture preexisted the Veteran's period of active service and was not aggravated by his period of active service, thus denying service connection. The initial evaluation of 10 percent for chondromalacia of the right knee was granted based on the evidence presented.
- Claimed conditions
- residuals of a right femur fracture, chondromalacia of the right knee
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 16, 2009
- Citation
- 0909717
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (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 0909717.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities have caused him to need regular aid and attendance, leading to a grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC at the housebound rate is dismissed as moot.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to the lack of a VA examination and opinion regarding his claimed conditions. The Board finds that additional development is necessary to determine if there is a link between the Veteran's current disabilities and his active service.
- Dismissed
The Board's September 4, 2025 decision was vacated due to a failure to address clear and unmistakable error arguments, depriving the Veteran of due process.
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