The Board has remanded the Veteran's claims for a rating in excess of 30 percent for residuals of a right tibia and fibula fracture, earlier effective dates for TDIU and DEA eligibility, due to deficiencies in the VA examination provided.
The deciding factor: The VA examiner failed to address the etiology of the hamstring atrophy or provide an opinion on functional loss during flare-ups based on the Veteran's reports.
- Claimed conditions
- residuals of a right tibia and fibula fracture, muscle atrophy of the bilateral hamstrings, recurrent right knee effusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130891
Veterans Law Judge
Decisions by this judge: 1,820 · Granted: 26% (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 19130891.
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 Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not preclude him from obtaining or maintaining substantially gainful employment.
- Denied
The Board denied the Veteran's claims of service connection for bilateral lower extremity disorder, residuals of a right tibia and fibula fracture, and a right leg scar as these conditions are not related to service or any service-connected disability.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his claimed disabilities.
- Denied
The Board denied the Veteran's claim for service connection for residuals of a right tibia and fibula fracture, finding that his pre-existing condition existed prior to service and was not aggravated by service.
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