The Board remands the claims for further development as the VA examination did not fully address the Veteran's reports of symptomology and functional loss due to flare-ups.
The deciding factor: The examiner failed to consider increased functional loss due to flare-ups, which is a significant factor in determining the severity of the Veteran's disabilities.
- Claimed conditions
- left acetabular fracture status post-surgical removal of bone chips with residual decreased range of motion and pain, left hip limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001521
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 granted service connection for a deviated septum and right wrist pain, while denying service connection for sleep apnea. The decision also addressed various rating issues and effective dates.
- Partly granted
The Board granted restoration of the 10 percent rating for right and left hip limitation of extension, denied a rating in excess of 20 percent for back disability, and denied increased ratings for other conditions.
- Partly granted
The Board granted earlier effective dates for the grants of a noncompensable disability rating for left hip limitation of extension, a 20 percent disability rating for left hip limitation of flexion, and a 20 percent disability rating for left hip degenerative arthritis, but denied an earlier effective date for service connection for a painful right hip scar.
- Partly granted
The Board granted service connection for bilateral hearing loss and an effective date of October 24, 2022, for obstructive sleep apnea. Other claims were denied or remanded.
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