The Board must remand the veteran's claims to the RO for further development and consideration due to insufficient competent medical evidence regarding the etiology of his leg length discrepancy and upper extremity condition.
The deciding factor: Insufficient competent medical evidence exists to determine whether the veteran's current conditions are related to his military service, necessitating a remand for an examination.
- Claimed conditions
- leg length discrepancy, bilateral (left and right) upper extremity disorder manifested by weakness and numbness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901625
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 a left hip condition, left limp foot, and leg length discrepancy as they are inextricably intertwined with another appeal.
- Granted
The Board granted compensation under 38 U.S.C. § 1151 for left total hip arthroplasty, finding that the Veteran developed additional disabilities of leg length discrepancy and back pain as a result of negligence by VA medical providers following the surgery.
- Denied
The Board denied service connection for a leg disability, finding that the Veteran's leg length discrepancy was within normal limits and not a disease or disability. The Board also remanded the issue of TDIU (total disability based on individual unemployability).
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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