The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left forearm injury, proximal to the wrist, status post open reduction and internal fixation of a fracture of the distal radius. The Board has directed that an examination be conducted to determine if any currently existing additional disability found on examination is considered by a reasonable healthcare provider to be an ordinary risk of the care rendered by VA in 1998.
The deciding factor: The examiner found that the Veteran did experience additional disability, but this was due not to poor medical management but rather was due to an unexpected outcome. The examiner further wrote that malunion is an 'unexpected but usual risk' with any and all fracture care.
- Claimed conditions
- left forearm injury, proximal to the wrist, fracture of the distal radius
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2010
- Citation
- 1046780
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 1046780.
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.
- Remanded (sent back)
The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and medical records from the veteran's providers.
- Denied
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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