The Veteran's claim for a higher rating for his service-connected fractured left tibia, fibula, and internal malleolus with scars is being remanded due to inadequate evidence of the severity of his disability during flare-ups.
The deciding factor: The VA examiner was not able to conduct an examination during a flare-up or after repetition over time, which is necessary for assessing the full extent of the Veteran's functional loss and symptomatology.
- Claimed conditions
- fractured left tibia, fibula, internal malleolus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 5, 2018
- Citation
- 18116139
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 18116139.
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 claim for a compensable rating for residuals of fractured left tibia was denied, and his TDIU prior to December 3, 2013, was also denied as he did not meet the schedular criteria for consideration of TDIU since August 11, 2010.
- Remanded (sent back)
A rating of 10 percent, but no higher, for left knee ACL tear and arthroscopic surgery repair with scarring osteoarthritis is granted.,A rating in excess of 30 percent for bilateral plantar fasciitis is denied.,The Veteran's claim for residuals from a fractured tibia during active duty is remanded due to incomplete information.
- Remanded (sent back)
The Board has remanded the cases of a compensable disability rating for residuals of a fractured left tibia and entitlement to a total disability rating based on individual unemployability (TDIU) due to missing records from Vet Centers.
- Dismissed
The Veteran withdrew his appeal regarding the rating for residuals of a fractured left tibia before the Board could make a decision.
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