The Veteran's claim for a rating in excess of 20 percent for right tibia fracture residuals is denied. The Board finds that the evidence does not support a higher rating based on current Diagnostic Code criteria, and the appeal is remanded for further development regarding total disability based on individual unemployability.
The deciding factor: The Veteran's symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Claimed conditions
- Right tibia fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2023
- Citation
- 23015125
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 23015125.
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 effective dates prior to April 7, 2022, for service connection of right tibia fracture residuals and associated surgical scar. The appeal was based on a supplemental claim received in April 2022.
- Denied
The Veteran's service-connected disabilities, including right tibia fracture residuals, degenerative arthritis of the lumbar spine, and right lower extremity radiculopathy, do not prevent him from securing or following a substantially gainful occupation.
- Denied
The Veteran's service-connected disabilities did not render him in need of regular aid and attendance or permanently housebound, as his dementia was the primary cause of his limitations.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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