The Board has ordered the Veteran to be examined again for his claims of service connection for right foot DJD and right leg shortening. The new opinions must address whether these conditions are at least as likely as not caused by or aggravated by a service-connected disability, specifically his left femur fracture and/or inguinal herniorrhaphy.
The deciding factor: The Board found the previous opinions inadequate because they did not consider aggravation of the Veteran's pre-existing conditions.
- Claimed conditions
- right foot degenerative joint disease (DJD), right leg shortening
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2020
- Citation
- 20058379
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 20058379.
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.
- Denied
The appeal is denied as there was clear and unmistakable error (CUE) in the award of a separate rating for right leg shortening, leading to combined ratings. The Veteran's residuals of right tibia and fibular fracture are rated at 10 percent, with no higher rating due to functional loss.
- Granted
The Board has granted service connection for left hip disability, right hip disability, and right leg shortening as secondary to the Veteran's service-connected fibromyalgia and/or low back disability.
- Granted
The Board has granted service connection for bilateral foot, hip, and right shoulder DJD. The decision is based on the Veteran's consistent reports of symptoms since separation from service.
- Dismissed
The Veteran's appeal for service connection for right leg shortening has been dismissed as he requested withdrawal of the appeal.
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