The Veteran's claim for an increased rating for her right ankle fracture with hardware placement at the distal fibula is being remanded due to a lack of compliance with Correia v. McDonald, 28 Vet. App. 158 (2017).
The deciding factor: The VA examination did not comply with the requirements set forth in Correia v. McDonald, 28 Vet. App. 158 (2017), which mandates new requirements for VA examinations of musculoskeletal disabilities.
- Claimed conditions
- residuals of a right ankle fracture with hardware placement at the distal fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2019
- Citation
- 19182128
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
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