The Board has determined that the Veteran's pre-existing left fibula excision with osteomyelitis was not permanently aggravated during military service, but is presumed to have been sound at entry. The Veteran now experiences residuals of the osteomyelitis and fibula removal, warranting service connection.
The deciding factor: The evidence does not clearly and unmistakably show that the pre-existing disability was not aggravated during service, thus the presumption of soundness has not been rebutted.
- Claimed conditions
- Left leg disability, Osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2015
- Citation
- 1501333
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 1501333.
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.
- Granted
The Veteran's right foot condition, including pain and functional limitation, is related to service. The Veteran's right leg disability did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability. The Veteran's left leg disability also did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability.
- Remanded (sent back)
The Board has determined that the appellant's claims for service connection are remanded due to a failure to provide adequate VA examinations and opinions, particularly regarding exposure to burn pits and other toxins (BPOTs) during his service in the Persian Gulf.
- Remanded (sent back)
The Board has remanded the issues of entitlement to service connection for right and left leg disabilities, as well as a left ankle disability, all secondary to bilateral hip, knee, and right ankle disabilities. The case is being returned for additional development.
- Denied
The Board denied service connection for PTSD and sleep disturbance, and remanded the claims for a right wrist disability, right shoulder disability, left shoulder disability, right leg disability, left leg disability, and bilateral foot disability.
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