The Veteran's claims for increased ratings and a compensable rating for shortening of the right leg are being remanded due to inadequate examination reports. The case will be readjudicated after additional development.
The deciding factor: The VA examinations did not include all required range of motion testing, which is necessary for an adequate assessment of the Veteran's disability.
- Claimed conditions
- residuals of right comminuted femoral shaft fracture with right knee disability, shortening of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 20, 2018
- Citation
- 18100804
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 18100804.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for radiculopathy of the left lower extremity and shortening of the right leg due to insufficient evidence regarding their onset during the appeal period.
- Remanded (sent back)
The Board has denied service connection for kidney disease and gum disease, and has remanded the claims for degenerative arthritis of the right knee, shortening of the right leg, carpal tunnel syndrome of the right hand and wrist, and arthritis of the right wrist.
- Denied
The Veteran's claims for increased ratings were denied as the maximum rating of 40 percent is already assigned for his right ankle disability due to the amputation rule, and a higher rating is not warranted for his right elbow compression with ulnar neuropathy and carpal tunnel syndrome.
- Granted
The Veteran's claims for service connection for Bertolotti's syndrome and shortening of the right leg, as well as a low back disability (lumbosacral transitional vertebrae with associated scoliosis and symptoms of back pain and sciatica), were reopened. The Board found that new evidence supported reopening these claims and established a link between the Veteran's current disabilities and active military service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.