The Board has determined that the claims for higher ratings and entitlement to TDIU must be remanded due to pre-decisional duty to assist errors, specifically regarding the left fibula disability. The Veteran's other left leg disabilities were examined, but not his left fibula disability.
The deciding factor: The Board found a failure of the Regional Office (RO) to obtain a VA examination for the Veteran's left fibula disability with loss of range of motion in the left ankle prior to the rating decision on appeal during the period on appeal.
- Claimed conditions
- deep non-linear burn scars on the left lower extremity, traumatic brain injury with alcohol use disorder and internal ear telangiectases, left knee instability, superficial non-linear 1.4 inch squared left lower extremity burn scar, left fibula disability, status post-fracture, with loss of range of motion in the left ankle, lumbar spine disability, left knee flexion, left lower extremity peripheral neuropathy, left lower extremity painful scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2024
- Citation
- A24023731
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 A24023731.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.