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 assigned
- None in this 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 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 19179779.
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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.
- 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.
- 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.
- 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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