The Board vacated its October 29, 2010 decision and remanded the issues of entitlement to an evaluation in excess of 10 percent for residuals of a right tibia and fibula fracture with scar and slight shortening of the leg, and service connection for residuals of a head trauma. The Veteran's request for a hearing was not associated with the file at the time of the October 29, 2010 decision.
The deciding factor: The Board discovered that mail including the Veteran's request for a personal hearing had been received but not attached to the file at the time of the October 29, 2010 decision. The case was remanded and returned to the Board due to this oversight.
- Claimed conditions
- Right tibia and fibula fracture, Head trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 25, 2012
- Citation
- 1215114
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 1215114.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to duty-to-assist errors and insufficient evidence regarding the Veteran's claimed TBI. The AOJ is directed to obtain private medical records and any SSA disability benefits documentation.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to April 6, 2022. Therefore, the claim for TDIU prior to that date is denied.
- 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, an effective date prior to March 15, 2013, for TDIU, and an effective date prior to March 15, 2013, for eligibility to Dependents' Educational Assistance (DEA). The claims are remanded due to the need for a new VA examination.
- Denied
The Board has determined that the Veteran does not have any diagnoses relevant to the claimed right hip injury, sleep difficulties, or head trauma. Therefore, service connection for these conditions is denied.
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