The Veteran's left humerus disability, manifested by malunion of the shaft with mild to moderate deformity, is rated at 20 percent and denied a higher rating.
The deciding factor: The evidence does not demonstrate any ankyloses, identified dislocation, malunion or nonunion of either the clavicle or scapula, limitation of motion of the arm, or impairment of the flail joint at the elbow; thus, DC 5202 is inapplicable and may not serve as a basis for an increased rating.
- Claimed conditions
- Left humerus fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 2, 2015
- Citation
- 1537446
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 1537446.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an increased rating for a left humerus fracture and TDIU was denied. The Board found that the current 20% rating adequately reflects her disability level, as it considers her pain and functional limitations during flare-ups. For TDIU, the Veteran was not deemed unemployable due to her service-connected disabilities.
- Denied
The Board denied the Veteran's claim for disability benefits under 38 U.S.C. § 1151 due to a February 24, 2009 intraoperative spiral midshaft fracture of the left humerus because there was no evidence that the fracture caused additional disability or death.
- Granted
The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and entitlement to a TDIU on an extraschedular basis is granted.
- Granted
The Veteran's thoracic outlet syndrome and left humerus fracture are rated at 40 percent for the former, and 20 percent for the latter. The decision grants increased ratings but does not address the TDIU claim.
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