The Veteran's service-connected low back, right ankle, and right femur disabilities are being remanded for additional development to determine their current severity.
The deciding factor: The Board found that the Veteran was not given a reasonable opportunity to attend the scheduled VA examinations due to lack of advance notice. The case is therefore being returned to the RO for rescheduling the examinations.
- Claimed conditions
- Mechanical low back pain with herniated disc at L3-4, Residuals of right ankle fracture, Stress fracture of the right femur
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2023
- Citation
- 23003890
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 23003890.
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 residuals of right ankle fracture, asthma with chronic bronchitis, and hypertension.
- Denied
The Veteran's claims for increased disability ratings for mechanical low back pain with herniated disc at L3-4, residuals of right ankle fracture, and stress fracture of the right femur were denied as there was no evidence provided by a VA examination due to the Veteran's failure to report.
- Denied
The Veteran's claim for a compensable evaluation for hemorrhoids prior to April 18, 2016 was denied as the evidence did not show that her hemorrhoids met the criteria for a higher rating.,The Veteran's claims for evaluations in excess of 10 percent for carpal tunnel syndrome of the right and left wrists were remanded due to incomplete records. The claim for residuals of a right ankle fracture was also remanded.,The Veteran's claim for TDIU prior to August 11, 2021 was remanded as it is inextricably intertwined with the other claims.
- Granted
The Veteran's lumbar spine disability is rated at 20 percent, effective December 11, 2019. The right ankle disability is granted with a rating of 20 percent. All other claims are denied.
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