The Veteran's appeal is being remanded for a new VA examination to address the nature and severity of his service-connected disabilities, including whether there are associated knee or ankle impairments with his left distal fibula fracture. The RO will also consider whether a rating under Diagnostic Code 5262 is appropriate based on disability of the knee or ankle.
The deciding factor: The prior examination in July 2009 was not contemporaneous and did not address all relevant evidence, including assertions by the Veteran regarding greater severity of his disabilities. A new examination is necessary to provide a fully informed evaluation.
- Claimed conditions
- residuals of left distal fibula fracture, residuals of excision of false aneurysm of the right index finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2012
- Citation
- 1210165
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 1210165.
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 securing or following a substantially gainful occupation.
- Remanded (sent back)
The Veteran's appeal is remanded for additional examinations and development of the claims, including a VA examination to determine the etiology of his tinnitus.
- Denied
The VA denied the veteran's claim for an initial rating in excess of 10 percent for residuals of left distal fibula fracture with degenerative arthritis, finding that his disability did not meet criteria warranting a higher evaluation.
- 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.
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