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
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.
- 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.
- Remanded (sent back)
The Board remands the claim for service connection for chondromalacia of the right knee as secondary to residuals of fracture of the right lateral malleolus/foot due to an inadequate VA examination.
- Denied
The Board denied the veteran's claims for increased evaluations for chondromalacia of the left knee, GERD, and chondromalacia of the right knee due to failure to report for VA examinations without good cause.
- Denied
The Board denied the Veteran's claims for increased ratings and a total disability rating based on individual unemployability, finding that the evidence did not support higher ratings or TDIU.
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