The Veteran's appeal is remanded due to the need for additional medical examination and review of his claims file. The issue remains whether he is entitled to an initial evaluation in excess of 10 percent disabling for residuals, right tibia and fibula fracture, distal ?, with decreased range of motion, right ankle.
The deciding factor: The VA examiner did not have access to the Veteran's complete claims folder prior to the examination, which may affect the accuracy of the medical opinion provided. The case is therefore remanded for a new examination and review of the claims file.
- Claimed conditions
- residuals, right tibia and fibula fracture, distal ?, degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2010
- Citation
- 1007441
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 1007441.
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 seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Granted
The Board granted service connection for a right foot disability, diagnosed as degenerative arthritis, fibrocartilaginous calcaneonavicular with lateral cuneiform cuboid coalition, other unspecified right ankle disorder, and status post right foot fracture.
- 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.
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