The Board has decided to remand the case for additional development and consideration, including notification under the VCAA and obtaining relevant medical records. The veteran's claim for an increased evaluation of his right tibia fracture will be reconsidered after this process.
The deciding factor: The decision is being remanded due to procedural issues related to the Veterans Claims Assistance Act of 2000 (VCAA) and other legal requirements, as well as the need for additional medical examination and development of records.
- Claimed conditions
- right tibia fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2004
- Citation
- 0401717
Veterans Law Judge
Decisions by this judge: 2,669 · Granted: 23% (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 0401717.
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 remands the claims for service connection for various fractures and a hematologic disability to correct duty to assist errors.
- Remanded (sent back)
The Board has remanded the issues of entitlement to service connection for right tibia fracture and entitlement to a temporary 100 percent disability rating due to in-service varicose veins, right posterior calf. The Veteran contends that his current right tibia fracture may be related to his in-service varicose veins.
- Granted
The Board has determined that the Veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities, including low back strain with degenerative joint disease. The TDIU will be granted but without an effective date.
- Denied
The Veteran's claims for increased ratings for his service-connected bilateral tibia fractures with patellar chondromalacia and degenerative joint disease were denied. The Board found that the evidence did not support a rating in excess of 10 percent for either knee.
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