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.
The deciding factor: The Board found no evidence of an additional disability resulting from the surgery and concluded that any pre-existing conditions were not aggravated by the surgery.
- Claimed conditions
- Left humerus fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 21, 2019
- Citation
- 19179779
Veterans Law Judge
Decisions by this judge: 1,828 · Granted: 32% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19179779.
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: 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.
- Whole decision: 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.
- Whole decision: Denied
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.
- Whole decision: 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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