The veteran's claims for increased ratings for residuals of a fracture of the right tibia and fibula, major depression, and headaches are being remanded for additional development.
The deciding factor: Further examination is needed to assess the current severity of the veteran's service-connected conditions.
- Claimed conditions
- Residuals of a fracture of the right tibia and fibula, Major depression, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2009
- Citation
- 0904497
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 service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
- Dismissed
The Veteran withdrew the appeal in September 2025, stating that she is now 100% permanently and totally disabled effective April 29, 2025.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 50 percent for PTSD with TBI and a disability rating in excess of 10 percent for headaches as secondary to PTSD with TBI due to a duty to assist error.
- Partly granted
The Board denied service connection for erectile dysfunction and remanded the claims for a sleep disorder and headaches to ensure proper development of evidence.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.