The Board has determined that the VA examinations conducted were inadequate and remands the case for further development, including a new examination to assess the current severity of the Veteran's left femur disability.
The deciding factor: The Board found that the previous VA examinations did not comply with the requirements outlined in Sharp v. Shulkin (2017) and requested additional information regarding functional loss during flare-ups and whether there are any other left knee or hip disabilities caused by malunion of the femur.
- Claimed conditions
- left femur fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2020
- Citation
- 20064385
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.
- Remanded (sent back)
The Board remands the case to obtain additional evidence and ensure compliance with prior remand directives.
- Granted
The veteran is granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities from December 28, 2003, to February 6, 2011.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for left femur fracture and shortening of the left lower extremity, as well as a temporary total disability rating for treatment for hospitalization or period of convalescence.
- Denied
The veteran's service-connected disabilities do not warrant a higher rating, and he is not entitled to TDIU.
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