The Veteran's right femur fracture and leg length discrepancy are currently rated at 20 percent. The Board is remanding the case to clarify whether there has been nonunion of the right femur during the appeal period, which could affect the rating.
The deciding factor: Clarification is required to properly assess whether the Veteran's right femur disability is manifested by nonunion at any time during the appeal period.
- Claimed conditions
- Right femur fracture, Leg length discrepancy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2023
- Citation
- 23010779
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 23010779.
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.
- Partly granted
The Board denied an initial rating in excess of 20 percent for the Veteran's back disability and granted a 20 percent rating, but not higher, for radiculopathy (sciatic nerve), right lower extremity, and a 40 percent rating, but not higher, for radiculopathy (sciatic nerve), left lower extremity. Other claims were denied.
- Denied
The Veteran's right femur fracture condition is currently rated at 10 percent, the maximum schedular rating available. The Board finds no evidence of symptoms not contemplated by this current rating and thus denies a higher initial disability evaluation.
- Granted
The Veteran's right femur fracture with right leg shortening and limitation of motion have been granted separate ratings, but no higher than 10 percent each. The rating for limitation of flexion is effective from October 6, 2022, while the rating for limitation of adduction remains effective from October 6, 2022.
- Denied
The reduction of the disability rating for service-connected right femur status post fracture with limited range of motion of the right hip was proper and denied.
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