The Veteran's claim for service connection is being remanded due to the need for clarification on whether he was in active duty reserve (ACDUTRA/INACDUTRA) during a period when his left leg injury occurred. The Board will consider direct service connection as well as the possibility of aggravation.
The deciding factor: The Veteran's claim requires further examination and development to determine if he was on ACDUTRA or INACDUTRA at the time of his injury, which would affect how service connection is evaluated.
- Claimed conditions
- residuals of a fracture of the left tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2013
- Citation
- 1316142
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 1316142.
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 claims for increased ratings for residuals of a fracture of the left tibia and extensor tendonitis, left foot were denied as there was no evidence to support higher ratings under applicable diagnostic codes.
- Denied
The Veteran's claim for residuals of a fracture of the left tibia was denied as there is no evidence of any current disability related to this condition during the pendency of his appeal.
- Denied
The Board found that the Veteran's current left tibia disability, including reflex sympathetic dystrophy and osteomyelitis, did not have onset during service or as a result of military service. The pre-existing residuals of a fracture were not permanently increased in severity due to military service.
- Granted
The Veteran's service connected disabilities, including arthrodesis of the left elbow, rated as 50 percent disabling, left ulnar neuropathy, rated as 20 percent disabling, left knee arthritis, rated as 20 percent disabling, residuals of a fracture of the left tibia, rated as 10 percent disabling, scars of the left arm, rated as 10 percent disabling, and a scar of the left knee, rated as 10 percent disabling, render the Veteran unemployable. Total disability ratings for compensation purposes may be assigned where the schedular rating is less than total, when it is found that the disabled person is unable to secure or follow a substantially gainful occupation as a result of a single service-connected disability ratable at 60 percent or more, or as a result of two or more disabilities, provided at least one disability is ratable at 40 percent or more, and there is sufficient additional service-connected disability to bring the combined rating to 70 percent or more.
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