The Board dismissed the claims for service connection for residuals of left tibia fracture and for residuals of partial undersurface tear due to an impermissible concurrent election in the appeal process.
The deciding factor: The concurrent election of multiple review options was not permissible under applicable law, leading to the dismissal of both claims.
- Claimed conditions
- residuals of left tibia fracture, residuals of partial undersurface tear of the distal supraspinatus tendon and possible anterior superior labral tear with associated paralabral cyst of left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2025
- Citation
- A25052613
Veterans Law Judge
Decisions by this judge: 1,113 · Granted: 47% (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 A25052613.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's residuals of left tibia fracture are currently rated as 10 percent disabling, and the Board finds that this rating is appropriate given the current evidence.
- Remanded (sent back)
The Veteran's residuals of left tibia fracture are currently rated at 10 percent, and the Board finds that a higher rating is warranted based on the need for an additional VA examination to assess the severity of his condition.
- Granted
The Veteran is found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, including major depressive disorder and migraine headaches.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including obtaining Social Security Administration records and VA treatment records. A new examination is also required to assess the severity of his service-connected disabilities.
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