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
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (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 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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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