The Veteran's claim for a higher rating for right leg shortening was denied as there is no evidence of more than two inches of shortening.,The Veteran's claim for service connection for balance problems (claimed as vertigo) and hypertension, as well as obstructive sleep apnea (OSA), were remanded due to insufficient examination findings.
The deciding factor: The decision summary indicates that the evidence did not show shortening of more than two inches in the Veteran's right leg, which is required for a higher rating under Diagnostic Code 5275.,For the issues related to balance problems and hypertension, remand was necessary due to inadequate examination findings.
- Claimed conditions
- Right leg shortening, Hemorrhoids with anal fissure, Balance problems (claimed as vertigo), Hypertension, Obstructive sleep apnea (OSA)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23002055
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 23002055.
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 claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Granted
The Board granted service connection for major depressive disorder with anxious distress, alcohol use disorder, tension headaches, obstructive sleep apnea (OSA), and erectile dysfunction, all of which are found to be related to the Veteran's military service.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.