The case is remanded for a new VA orthopedic examination to determine the nature and severity of all current residuals of the right tibia fracture, including those involving both the right knee and the right ankle.
The deciding factor: The Board must consider whether a separate rating is warranted for knee disability due to the right tibia fracture residuals, as this symptomatology was not duplicative of or overlapping with the ankle symptomatology contemplated in the existing 30 percent rating.
- Claimed conditions
- residuals of a fracture of the right tibia with secondary deformity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2006
- Citation
- 0600033
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
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