The Veteran's muscle injuries have increased in severity, and he is unable to work more than 50 yards. He testified that his leg gives away resulting in falls and was unable to perform household chores. The case is remanded for a new VA examination to determine the current severity of his service-connected left lower extremity injury to muscle groups XIII and XIV and left tibia injury to muscle groups XV and XVII, and referral to the Director, Compensation Service for extraschedular consideration.
The deciding factor: The Veteran's muscle injuries have increased in severity, resulting in functional limitations that warrant a new VA examination and potential extraschedular rating determination.
- Claimed conditions
- left lower extremity injury to muscle groups XIII and XIV, left tibia injury to muscle groups XV and XVII
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2019
- Citation
- 19184979
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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