The Board finds that additional development is necessary due to the veteran's claim of service connection for a fracture of the right leg, with shortening and foot, ankle, knee, and low back residuals. The case is being remanded to ensure full and complete compliance with the enhanced duty-to-notify and duty-to-assist provisions enacted by the VCAA.
The deciding factor: The Board notes that notification of the regulations, without a discussion of the necessary evidence to be obtained with regard to the specific issue before the Board, is insufficient for purposes of compliance with the VCAA. The veteran's claim was certified to the Board without appropriate notice of his rights and responsibilities under the VCAA.
- Claimed conditions
- fracture of the right leg, osteoarthritis of the knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2003
- Citation
- 0334114
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 0334114.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's right leg condition was aggravated by service.
- Remanded (sent back)
The Board has remanded the case due to outstanding private treatment records and the need for new VA examinations to determine the current nature and etiology of the Veteran's claimed disabilities.
- Remanded (sent back)
The Board has decided to remand the case due to conflicting evidence on whether the Veteran's joint problems preexisted his service. The case will be returned for an examination and additional development.
- Granted
The Veteran's service-connected disabilities render him limited to marginal employment, and therefore unable to obtain and maintain substantially gainful employment. A TDIU is granted.
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