BVA decisions by condition
Bone malunion or nonunion: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a bone malunion or nonunion issue in 613 decisions. It granted the bone malunion or nonunion issue in 16.3% of them, below the 19.4% grant rate for all conditions, denied it in 35.6%, and remanded it in 48.0%. Counting only decisions on the merits (granted or denied), 31.4% were granted.
Decisions
613
2017–2026
Granted
16.3%
All conditions: 19.4%
Granted on the merits
31.4%
Granted ÷ (granted + denied)
Remanded
48.0%
Denied: 35.6%
Bone malunion or nonunion outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2018 | 102 | 13.7% | 44.1% | 40.2% | 2.0% |
| 2019 | 92 | 13.0% | 46.7% | 39.1% | 1.1% |
| 2020 | 76 | 25.0% | 40.8% | 31.6% | 2.6% |
| 2021 | 74 | 9.5% | 20.3% | 68.9% | 1.4% |
| 2022 | 72 | 16.7% | 20.8% | 62.5% | 0.0% |
| 2023 | 78 | 11.5% | 29.5% | 59.0% | 0.0% |
| 2024 | 82 | 22.0% | 19.5% | 58.5% | 0.0% |
| 2025 | 67 | 13.4% | 44.8% | 41.8% | 0.0% |
Each row counts issues (each condition the Board decided), so the shares add up to 100%. Other: dismissed, withdrawn or no clear outcome. Years with fewer than 50 issues are left out.
Evidence in granted and denied bone malunion or nonunion decisions
For each kind of supporting evidence: how often the Board granted the bone malunion or nonunion issue on the merits when the decision mentioned it, compared with decisions that did not. These are associations, not causes, and evidence is recorded per decision, not per issue.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Positive nexus opinion | 81 | 57.6% | 24.6% | +33.0 pts |
| Private medical opinion | 166 | 46.0% | 24.8% | +21.2 pts |
| Claimed as secondary | 70 | 50.0% | 29.2% | +20.8 pts |
| Combat service | 57 | 46.9% | 29.7% | +17.2 pts |
| Favorable VA exam | 71 | 43.9% | 28.7% | +15.1 pts |
| Lay statement | 472 | 31.3% | 32.2% | −0.9 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 70.0% of the decisions that granted bone malunion or nonunion.
- The Board found the veteran's statements credible in 31.0% of grants and 12.4% of denials.
Negative evidence in the record
An unfavorable exam or a negative nexus opinion often sits in the same record as favorable evidence, and the Board weighs them against each other. So these rows show how often bone malunion or nonunion was still granted when the record contained the negative item, not that the item helped.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Negative nexus opinion | 267 | 29.8% | 33.1% | −3.3 pts |
| Unfavorable VA exam | 417 | 28.0% | 41.8% | −13.7 pts |
Why the Board granted or denied bone malunion or nonunion
Most common reasons in grants
- Current diagnosis established14
- Caused by the service-connected disability8
- Service connection established3
- Criteria for 10 percent rating met2
- Criteria for 30% rating met2
- Unavailable service treatment records2
- Veteran's reports of discrepancy and pain are competent and credible2
- Criteria for service connection met2
Most common reasons in denials
- No current diagnosis23
- Preponderance of the evidence against the claim16
- Service records negative or silent14
- No in-service complaints, treatment or diagnosis13
- VA examiner: less likely than not related to service12
- Current diagnosis established8
- Criteria for service connection not met5
- Already at the maximum schedular rating5
Numbers are decisions that gave the reason. Reasons are short phrases extracted by AI from each decision; common wordings of the same reason are grouped. Benefit of the doubt is reported above.
Recent bone malunion or nonunion decisions
Granted
Favorable finding of current disability (pain) by AOJ; Credible lay testimony regarding in-service genesis and continuity of symptoms; Inadequate VA opinion failing to consider lay evidence and pain as disability
Evidence supports moderately severe muscle disability under DC 5303; Presence of metallic foreign bodies and objective findings of weakness and tenderness; Functional limitations impacting work requirements and daily activities
Competent, credible lay testimony of shin splints during service and continuity post-service.; RO accepted in-service diagnosis of bilateral shin splints.; Benefit of the doubt applied due to approximate balance of evidence.
Denied
Injury not incurred in line of duty; Willful misconduct found; Reckless handling of firearm; Alcohol influence noted; Contemporaneous evidence supports misconduct
No objective medical evidence of diagnosis; No evidence of treatment for the condition; Lack of evidence for the first element of service connection
Failure to report for necessary VA examination; Criteria for rating in excess of 30 percent not met; No evidence of complete ligament tear or patellar instability
Rules that apply to bone malunion or nonunion claims
- 38 CFR 3.303
Principles of service connection
Read it in VA Law Explorer - 38 CFR 3.310
Secondary service connection and aggravation
Read it in VA Law Explorer - 38 CFR 3.102
Reasonable doubt (benefit of the doubt)
Read it in VA Law Explorer
Research your bone malunion or nonunion case
Narrow by year, judge, evidence or secondary condition, read the decisions, and export a research memo.
How these numbers are calculated
- Rates count decisions in which the Board decided a bone malunion or nonunion issue, by the outcome of that issue. Other issues in the same decision can have different outcomes.
- “Granted on the merits” leaves out remands and dismissals. “All conditions” is the grant share across every condition issue in the data.
- The data comes from CaseScribe's AI extraction of public BVA decisions (2017–2026) and can contain errors. It is updated automatically as new decisions are added.