The Veteran's appeal is being remanded for further examination and development of his Social Security Administration records. The Board will then determine if the Veteran's service-connected disabilities render him unemployable.
The deciding factor: The Veteran needs an appropriate VA examination to assess whether his service-connected disabilities, without regard to any nonservice-connected conditions, render him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- compound comminuted fracture of the left tibia and fibula, post operative bone grafts with 2-1/4 inch shortening, peroneal nerve paralysis, laceration scar of the left index finger with cicatrization and pain on motion, healed fracture of the third finger on the right hand, healed scars of the right leg, donor site scar on the left ilium
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2009
- Citation
- 0919819
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 0919819.
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 veteran's service-connected disabilities do not prevent him from engaging in substantially gainful employment consistent with his education and occupational experience, without regard to age or nonservice-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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