The Board denied the Veteran's claim for service connection for residuals of a right tibia and fibula fracture, finding that his pre-existing condition existed prior to service and was not aggravated by service.
The deciding factor: The Board found clear and unmistakable evidence that the Veteran had a pre-existing right leg disorder prior to service. The medical records showed he sustained a compound fracture in January 1974 before entering active duty, which led to his separation from service. The Board also noted that there was no increase in disability during service, and any complaints of pain were attributed to other conditions or incidents unrelated to the right leg injury.
- Claimed conditions
- residuals of a right tibia and fibula fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 7, 2010
- Citation
- 1045821
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. Read the original VA decision (opens in a new tab) using citation 1045821.
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: Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not preclude him from obtaining or maintaining substantially gainful employment.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for a rating in excess of 30 percent for residuals of a right tibia and fibula fracture, earlier effective dates for TDIU and DEA eligibility, due to deficiencies in the VA examination provided.
- Whole decision: Denied
The Board denied the Veteran's claims of service connection for bilateral lower extremity disorder, residuals of a right tibia and fibula fracture, and a right leg scar as these conditions are not related to service or any service-connected disability.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his claimed disabilities.
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