The veteran's claim for a compensable rating for service-connected residuals, fracture distal shaft left tibia is being remanded to obtain additional evidence.
The deciding factor: Further efforts are required to obtain potentially relevant records of treatment from private providers and provide VCAA notice specific to increased rating claims.
- Claimed conditions
- residuals, fracture distal shaft left tibia, chronic neuropathy of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0902043
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 Board denied the Veteran's claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Denied
The Board denied service connection for kidney cancer and residuals as the evidence did not support a causal relationship between the Veteran's in-service toxic risk exposure and his current condition.
- Granted
The veteran's kidney disease, including cancer and residuals, is service-connected as secondary to their diabetes.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.