The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and assessments of his thoracolumbar spine, left hip, and left ankle conditions.
The deciding factor: The VA examination reports do not comply with the requirements in Sharp v. Shulkin (2017) as they did not address functional loss during flare-ups or repeated use over time.
- Claimed conditions
- left hip femoral neck fracture, left ankle distal fibular fracture, thoracolumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133074
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.
- Dismissed
The appeal was dismissed as the proposed rating reductions for thoracolumbar spine strain and acne, and the initial ratings for bilateral hip disabilities were not properly appealed.
- Dismissed
The Veteran withdrew the appeals for service connection for bulging cervical discs to include degenerative arthritis and thoracolumbar spine strain.
- Denied
The Board denied the Veteran's appeal for an increased rating in excess of 20 percent for his service-connected thoracolumbar spine disability, as the evidence did not support a higher rating.
- Partly granted
The Board granted service connection for tinnitus and remanded the remaining claims for further development.
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