The Veteran's appeal for restoration of a 10 percent disability rating for the service-connected left tibia stress fracture is granted. The appeal for a 10 percent rating based on multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 is denied as a matter of law. The appeals for service connection for right convex scoliosis, right hip disorder, left hip disorder, right leg disorder, left leg disorder, bilateral pes planus disorder, and stress fracture in the right tibia are dismissed.
The deciding factor: The Veteran's disability rating for the left tibia stress fracture was reduced to 0 percent effective October 1, 2010. The evidence did not show sustained material improvement in the service-connected condition during this period. As a result, the Veteran's appeal for restoration of a 10 percent rating is granted.
- Claimed conditions
- left tibia stress fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 23, 2019
- Citation
- 19165704
Veterans Law Judge
Decisions by this judge: 2,200 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19165704.
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 decided to remand the case due to a duty-to-assist error that occurred prior to the initial decision. The Veteran's service-connected left tibia stress fracture is associated with residual disabilities of his left foot, knee, and ankle.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a higher rating for his left knee disability due to duty-to-assist errors prior to the July 2024 decision on appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection due to inadequate examination and opinion in January 2020. The appellant is seeking service connection for bilateral plantar fasciitis, left tibia stress fracture, a left knee disability, and a left hip disability.
- Denied
The Board denied all claims, including a higher rating for left foot plantar fasciitis and left tibia stress fracture, and service connection for a left knee disorder.
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