The Veteran's claims for increased ratings and service connection are remanded due to inadequate VA examinations, missing service treatment records, and outstanding private treatment records.
The deciding factor: The VA examinations were inadequate as they did not consider the Veteran's reported flare-ups of pain. The AOJ must ensure that a new examination is conducted to assess current severity of his disabilities.
- Claimed conditions
- left ankle fracture, right hand fracture, right hand scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 30, 2022
- Citation
- 22066751
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 22066751.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Whole decision: Dismissed
The appeal for a respiratory disorder is dismissed. Service connection for right hand palmar nodule and service connection for a right hand scar are granted, but the issue of service connection for a right hand disorder other than service-connected right hand palmar nodule is remanded.
- Whole decision: Granted
The Veteran's service-connected disabilities render him so helpless that he requires the regular aid and attendance of another person, as evidenced by his need for assistance with bathing/showering, tending to hygiene needs, eating or self-feeding, transferring in or out of a bed/chair, dressing, toileting, ambulating with his home or living area, and medication management.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for a bilateral hand disability, an initial rating in excess of 40 percent for TBI with migraine, and an initial rating in excess of 70 percent for PTSD due to duty-to-assist errors.
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