The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his service-connected right and left shin splint disabilities due to failure to report for a VA examination. The Veteran is reminded that he must cooperate with gathering evidence relevant to his claim, including scheduling and attending a VA examination.
The deciding factor: The Veteran failed to report for multiple scheduled VA examinations, which was not considered good cause given the circumstances (COVID-19 pandemic and illness).
- Claimed conditions
- Right Shin Splint, Left Shin Splint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2022
- Citation
- 22053501
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 22053501.
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 increased ratings for PTSD and a right wrist condition, as well as service connection for bilateral shin splints.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a rating in excess of 30 percent for his right knee disability, as well as other conditions such as bilateral hearing loss, tinnitus, and left shoulder disability. The case was remanded for further development regarding entitlement to service connection for a left knee disability and TDIU.
- Granted
The Veteran's right shin splint and associated instability have been granted a 20% rating since March 17, 2023. The condition requires treatment for at least 12 consecutive months and is unresponsive to conservative measures.
- Denied
The Veteran's right and left shin splints are rated at 10 percent each, but the Board has denied ratings in excess of these initial ratings.
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