The Board has remanded the case for further development, including proper VCAA notice and readjudication of both issues.
The deciding factor: The effective date for service connection remains unclear due to procedural defects in the rating decision process.
- Claimed conditions
- residuals of a fracture of the left tibia and fibula, sciatica, disc condition of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2009
- Citation
- 0918734
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0918734.
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 claim for service connection for residuals of a fracture of the left tibia and fibula, finding that the evidence did not support a conclusion that the disability began during active service or was caused by service.
- Remanded (sent back)
The Board has remanded the case due to insufficient development regarding whether the appellant's injuries occurred in line of duty during active military service.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected disabilities. The case will also be referred to the Director of Compensation and Pension Services for consideration of an extra-schedular rating for residuals of a fracture of the left tibia and fibula.
- Denied
The Veteran's claim for a higher rating for residuals of a fracture of the left tibia and fibula was denied as there is no evidence of moderate impairment of the tibia and fibula, warranting a higher rating.
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