The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the addition of new VA treatment records. The case will be returned to the RO for review.
The deciding factor: New medical evidence has been added to the file, requiring AOJ initial review before further appellate consideration can occur.
- Claimed conditions
- scar, residual right tibia and fibula fracture, painful scar, residuals of right tibia and fibula fracture, right lower extremity, radiculopathy (sciatic nerve), lumbar spine intervertebral disc syndrome, residuals fracture right tibia and fibula with fracture in the right lateral malleolus of ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2024
- Citation
- 24016058
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 24016058.
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 requests for earlier effective dates for service connection of lumbar spine intervertebral disc syndrome, left lower extremity radiculopathy, right lower extremity radiculopathy, and right hand de Quervain's tenosynovitis.,The effective date for the grant of service connection was set at November 5, 2010.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a rating in excess of 10 percent prior to August 11, 2016, and in excess of 20 percent on and after August 11, 2016, for lumbar spine intervertebral disc syndrome, degenerative arthritis, and strain residuals; ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy. The Veteran's claim for TDIU prior to August 11, 2016 is also remanded.
- Granted
The Board has granted service connection for lumbar spine intervertebral disc syndrome and degenerative arthritis, but remanded the claim for a compensable rating for sleep apnea.
- Granted
Service connection for bilateral pes planus, lumbar spine intervertebral disc syndrome, right lower extremity radiculopathy, and obstructive sleep apnea (OSA) is granted.,Readjudication of the claims for service connection for a right wrist scar and a right wrist muscle injury are warranted.
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