The Veteran's claims for an increased rating for her left clavicle fracture and for TDIU are being remanded due to the need for a new VA examination to assess the severity of her disability, as well as consideration of all evidence since the April 2019 statement of the case.
The deciding factor: The VA examiner is required to provide specific information regarding functional loss during flare-ups and repetitive use, including range of motion testing in different conditions (active, passive, weight-bearing, non-weight-bearing) and whether pain begins at a certain point during these tests.
- Claimed conditions
- Left clavicle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 6, 2023
- Citation
- 23021121
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 23021121.
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.
- Granted
The Veteran's left clavicle fracture resulted in painful motion of the AC joint, which is rated at a minimum of 20 percent under VA regulations. The appeal for higher ratings was denied.
- Remanded (sent back)
The Board remands the claim for service connection of the cause of the Veteran's death to correct pre-decisional duty to assist errors, including obtaining private medical records and a supplemental medical opinion.
- Granted
The Veteran's left shoulder disability, specifically the residuals of his clavicular fracture, is rated at 20 percent. The Board found that the Veteran's condition more closely approximated limitation of motion of the arm midway between the side and shoulder level, warranting a 20 percent rating.
- Granted
The Veteran's thoracolumbar spine disorder is now rated at 20 percent, effective April 10, 2023. The Board granted a 20 percent rating for the left clavicle fracture from October 29, 2015.
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