The Veteran's service-connected residuals of a status-post right tibia stress fracture and shin splints are rated at 10 percent, effective July 23, 2011. The rating for lumbar strain is denied.
The deciding factor: The VA examinations did not show evidence of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or combined range of motion of the thoracolumbar spine not greater than 120 degrees, which would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Right tibia stress fracture, Shin splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 28, 2020
- Citation
- 20069809
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 Board denied the veteran's claims for a compensable rating for genital herpes, migraine, and service connection for shin splints.
- Dismissed
The appeal of the proposed rating reduction for Major Depressive Disorder with Generalized Anxiety Disorder and the ratings for left and right tibia stress fractures were dismissed due to untimely filings.
- Denied
The Board denied service connection for all the claimed conditions as there was no evidence of a current disability or that any of the claimed disabilities were related to active military service.
- Dismissed
The Board dismissed the appeals for service connection for bilateral hearing loss, migraine headaches, erectile dysfunction, a left shoulder condition, and a neck condition, as well as an earlier effective date claim regarding PTSD. The claims for carpal tunnel syndrome and shin splints were denied, while other claims were remanded.
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