The Board denied increased ratings for stress fractures of the right and left tibia, as well as a separate rating for vision impairment related to a scar on the Veteran's right eye. The evidence did not support higher disability ratings due to lack of unresponsiveness to treatment or surgery.
The deciding factor: The disabilities were found to be at least as likely as not responsive to conservative treatments and not unresponsive to either shoe orthotics or other conservative measures, which precluded higher rating assignments under the applicable VA regulations.
- Claimed conditions
- stress fracture of the right tibia, stress fracture of the left tibia, vision impairment related to a scar of the right eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 7, 2021
- Citation
- 21072950
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 21072950.
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 initial compensable rating for service-connected stress fracture residuals of the left tibia was denied from August 28, 2014 to October 15, 2020. From January 1, 2018 onwards, a separate 10 percent rating for instability of the left knee associated with the service-connected stress fracture residuals of the left tibia was granted.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete records and inadequate VA examination. The Veteran is required to provide releases for private treatment records, including those from Drs. P., F., J., K.E., M.D., and L.B., M.D. A new VA examination must be conducted to assess the current severity of his right knee and bilateral tibia disorders.
- Whole decision: Granted
The Veteran's stress fracture of the left tibia is rated at 30 percent effective April 10, 2014. The Board also granted a TDIU based on his service-connected disability.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further adjudication due to procedural issues and additional development of evidence.
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