The Board has remanded the case due to a lack of sufficient information regarding the Veteran's functional loss during flares or repetitive use, and a new examination is required.
The deciding factor: The VA examination did not sufficiently inform the Board on Appellant's functional loss on repeated use in violation of Sharp v. Shulkin (2017).
- Claimed conditions
- residuals of a stress fracture of the left tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2019
- Citation
- 19112931
Veterans Law Judge
Decisions by this judge: 499 · Granted: 18% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19112931.
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 Veteran's claims for increased ratings for his right and left tibial stress fractures due to inadequate examination findings regarding flare-ups.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling the Veteran for a VA examination to assess the severity of his service-connected bilateral tibia disabilities.
- Denied
The Board denied a rating in excess of 10 percent for residuals of stress fractures of both the right and left tibia since September 18, 2008.
- Denied
The Board denied service connection for bursitis of the right shoulder, allergic rhinitis (claimed as sinusitis), right ankle pain, and mitral valve regurgitation. The initial ratings assigned for degenerative disc disease with spondylosis at L1-2 and L2-3, hepatitis B, residuals of a stress fracture of the right lower leg, and residuals of a stress fracture of the left lower leg were also denied.
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