The case is remanded for further development and readjudication of the veteran's claims.
The deciding factor: The record indicates that the veteran has requested a hearing, which needs to be scheduled before a Veterans Law Judge.
- Claimed conditions
- fracture, distal tibia and fibula, right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2009
- Citation
- 0901695
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.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
- Remanded (sent back)
The Board remanded the case to obtain additional medical opinions regarding the Veteran's right leg, right hip, and back conditions, including right leg length discrepancy. The Board found that the VA has met its duty to assist the Veteran in obtaining necessary records.
- Granted
The Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation, and he is granted a total disability rating based on individual unemployability (TDIU) effective May 11, 2012.
- Denied
The Board denied the veteran's claim for service connection for a right leg and knee disability, as there was no evidence of a chronic condition following his separation from service.
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