The Board has determined that the appeal for increased evaluations and extension of a temporary total evaluation is remanded due to incomplete procedural development. The Veteran's appeal seeking an increased initial evaluation for service-connected scars of the left ankle remains in appellate status.
The deciding factor: Procedural defects exist, necessitating further development before addressing the merits of the claims.
- Claimed conditions
- left tibial fracture, posttraumatic arthritis, leg length discrepancy, status post left ankle fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2023
- Citation
- 23046294
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 23046294.
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 service-connected disabilities result in regular need for aid and attendance, which qualifies him for special monthly compensation (SMC) based on aid and attendance.
- Remanded (sent back)
The Board has dismissed the appeal for the issue of entitlement to an initial compensable evaluation for service-connected scars, s/p metacarpal fracture due to the Veteran's withdrawal. The claim of entitlement to an initial evaluation in excess of 10 percent for service-connected post traumatic arthritis, s/p metacarpal fracture is remanded as there are issues with the adequacy of a previous VA examination.
- Granted
The Veteran's service-connected left hip disability, characterized by pain on movement and limited range of motion, is now rated at 10 percent effective June 6, 2023.
- Granted
The Veteran's bilateral hearing loss and tinnitus are granted service connection. The leg length discrepancy is denied under 38 U.S.C. § 1151, as the surgery was not performed with carelessness, negligence, lack of proper skill, error in judgment, or similar fault. The lumbar spine disability is also denied under 38 U.S.C. § 1151 due to the denial of leg length discrepancy claim.
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