The Veteran's appeal is remanded for additional examinations to assess the severity of his service-connected left femur, left knee, left ankle, left leg shortening, and back disabilities. The VA examiner should provide a full description of the Veteran's disabilities and report all signs and symptoms necessary for evaluating the Veteran's disabilities, including under the rating criteria.
The deciding factor: The Board finds that additional examinations are needed to assess the severity level of the Veteran's service-connected left femur, left knee, left ankle, left leg shortening, and back disabilities due to inadequate prior examinations which did not address flare-ups in terms of limitation of range of motion.
- Claimed conditions
- scar residuals of post-operative fractured left femur, post-operative fractured left femur manifested by limited flexion, post-operative fractured left femur manifested by limited rotation or abduction or adduction, post-operative fractured left femur manifested by limited extension, service-connected left knee and left calf muscle atrophy disability, service-connected left leg shortening, service-connected low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2023
- Citation
- 23040255
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 23040255.
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 Board vacated its April 2020 decision that denied the Veteran's claims for increased ratings and granted separate disability ratings for shortening of the left lower extremity, and a total disability rating based on individual unemployability (TDIU).
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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