The Board has remanded the case due to the need for clarification on whether the Veteran's right tibia fracture was an unforeseeable result of the December 2010 surgical debridements.
The deciding factor: The examiner needs to reconcile the conflicting opinions regarding the foreseeability of the Veteran's right tibia fracture and provide a clear determination as to its likelihood.
- Claimed conditions
- osteoid osteoma, right tibia with proximal tibia osteomyelitis pathologic fracture and surgical repair (claimed as fractured leg due to injury at Miami VA Medical Center)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2018
- Citation
- 18141521
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 18141521.
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 Veteran's claim for service connection for a right thumb disability is being remanded due to the need for additional development, including a VA examination.
- Granted
The Veteran's right tibia fracture was caused by or became worse as a result of the December 2010 surgical debridement performed at a VA Medical Center. The Board found that this was not a reasonably foreseeable risk and granted compensation under 38 U.S.C. § 1151.
- Remanded (sent back)
The Board has decided to remand the case due to lack of substantial compliance with previous remand directives. The claim for service connection for a bone disability, including osteopenia, is being remanded again.
- Remanded (sent back)
The Veteran's bone-related disabilities, including osteoid osteoma, osteomyelitis, osteopenia, osteoporosis, and diffuse osteoarthritis, are remanded for further evaluation due to the need for a VA examination.
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