The Board has determined that there was not substantial compliance with previous remand directives regarding the Veteran's claim for compensation under 38 U.S.C. § 1151 for a fractured right patella, and thus another remand is required.
The deciding factor: The VA examiner did not consider the Veteran's competent lay assertions about pain and difficulty manipulating his leg post-fracture, which was dismissed by the previous examiner.
- Claimed conditions
- Fractured right patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 16, 2022
- Citation
- 22015018
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. Read the original VA decision (opens in a new tab) using citation 22015018.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 for a fractured right patella is remanded due to the need for a medical opinion regarding whether he experienced additional disability as a result of the fracture and if so, whether it was caused by VA care.
- Granted
The Board granted increased ratings for the right knee and index finger disabilities, with a 30% rating assigned for the right knee disability beginning January 1, 2002.
- Granted
The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for residuals of right knee injury. The merits of this claim will be addressed in a later decision.
- 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.
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