The Board has determined that the VA examination report is inadequate for rating purposes and has ordered additional records to be obtained, including Social Security Administration records. The appellant needs a comprehensive VA examination to evaluate his service-connected right calf muscle injury.
The deciding factor: The VA examination report was found to be insufficient due to its inadequacy in addressing key factors such as palpation of loss of deep fascia and muscle substance, strength and endurance testing with comparison to the sound leg, and the 'cardinal signs and symptoms' of muscle disability.
- Claimed conditions
- status post gunshot wound to the right calf, scar, right calf
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2006
- Citation
- 0604498
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.
- Granted
The Board granted service connection for the cause of the Veteran's death, considering that his service-connected orthopedic disabilities and major depressive disorder contributed substantially to his death.
- Dismissed
The Veteran withdrew his appeal for initial increased ratings for thoracolumbar spine arthritis, cervical spine arthritis, bilateral lower extremity femoral radiculopathy, and a scar.
- Remanded (sent back)
The Board remands the matters of an initial compensable rating for hemorrhoid and service connection for a scar, to include as secondary to the Veteran's service-connected hemorrhoid disability due to inadequate VA examination and missing medical records.
- Partly granted
The Veteran's claims for service connection for a gastrointestinal disorder and heart condition were dismissed because they were granted benefits. A 10 percent rating was granted for the scar.
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