The Veteran's service-connected disabilities, which include low back strain, fracture of the right tibia/fibula with hip pain and altered gait, right hip strain, ankle strain, and left hip degenerative joint disease, do not prevent him from securing or following a substantially gainful occupation.
The deciding factor: The Veteran's service-connected disabilities are rated at 40% for low back strain and 20% each for the other conditions, resulting in a combined evaluation of 70%. The VA examiners have determined that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.
- Claimed conditions
- residuals of low back strain, fracture of the distal 3rd right tibia/ fibula with hip pain and altered gait due to shortening, right hip strain, ankle strain, left hip degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 31, 2013
- Citation
- 1303405
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 1303405.
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: Remanded (sent back)
The Board has remanded several claims for further action, including effective date determinations and service connection determinations. The Veteran's service records from Portsmouth Naval Hospital are requested to be obtained.
- Whole decision: Denied
The Veteran's claim for an earlier effective date for service connection of his right hip disability is denied as the earliest date of entitlement is April 21, 2025.
- Whole decision: Dismissed
The Veteran withdrew his appeals for all issues related to service connection, including chronic right foot metatarsalgia at digit 3,4,5, left shoulder bicep tendonitis, right hip degenerative joint disease, hypertension, right shoulder bicep tendonitis, headaches, left hip degenerative joint disease, and atrial fibrillation with residual non ischemic cardiomyopathy.
- Whole decision: Granted
The Board has determined that the Veteran's current right hip disability is likely related to his service, granting him service connection for a right hip disability.
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