The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for right and left leg tibia fracture residuals due to deficiencies in prior VA examinations. Additional evidence is needed, including VA treatment records from March 15, 2018 to the present, and a new examination by an appropriate clinician.
The deciding factor: The Board found that the prior VA examinations did not comply with the requirements set forth in Sharp v. Shulkin (2017) and thus remanded for further development including obtaining additional medical records and scheduling a new examination.
- Claimed conditions
- right leg tibia fracture residuals, left leg tibia fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20004089
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.
- Partly granted
Service connection for hypertension, MGUS, and CAD is granted. The reduction in the disability rating for a right leg tibia fracture was improper, so the original 20% rating is restored. A compensable disability rating for COPD is denied. Claims for service connection for ED and enlarged prostate are remanded.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.