The Board has determined that new and material evidence was not presented to reopen the claim of service connection for residuals of a left tibia fracture, as the additional evidence is cumulative or redundant of previous evidence. The Veteran's statement and testimony regarding a leg fracture in service are considered inherently incredible given the timing.
The deciding factor: The submitted evidence does not relate to an unestablished fact necessary to substantiate the claim of residuals of a left tibia fracture, as it is cumulative or redundant of previously considered evidence.
- Claimed conditions
- residuals of a left tibia fracture
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 29, 2009
- Citation
- 0937061
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 0937061.
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 Veteran's left knee total arthroplasty has resulted in functional impairment approximating chronic residuals consisting of severe painful motion or weakness since January 1, 2014.
- Whole decision: Dismissed
The Veteran's appeal for a total disability rating based upon individual unemployability (TDIU) prior to November 13, 2012 has been withdrawn and is therefore dismissed. The Board also did not have jurisdiction to review the remaining issues as they are inextricably intertwined with the TDIU issue.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to issues related to a pending appeal under the Modernized Appeal System (AMA). The main issue is whether the Veteran meets the criteria for a Total Disability Rating Based on Individual Unemployability (TDIU) prior to November 13, 2012. This decision does not address service connection or exposure basis.
- Whole decision: Granted
The Veteran's claim for a higher rating for his service-connected residuals of a left tibia fracture is granted, with a 30 percent rating effective June 8, 2015.
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