The veteran's stress fractures were diagnosed after service, and the RO denied her claims based on a finding that they pre-existed service. The case is being remanded for further development to determine if the stress fractures are related to service.
The deciding factor: The VA regulations prohibit establishing service connection for aggravation of a preexisting condition that first becomes manifest during service, unless clear and unmistakable evidence shows that the condition existed prior to service and was not aggravated by service. The veteran's stress fractures were diagnosed after service, so further development is needed to determine if they are related to service.
- Claimed conditions
- stress fracture of the left tibia, stress fracture of the right tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2005
- Citation
- 0519515
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 0519515.
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.
- 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.
- Denied
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.
- 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.
- 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.
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