The Board remands the matter for a VA examination to determine the present severity of the Veteran's bilateral shin splints.
The deciding factor: The Court held that the Board violated 38 C.F.R. § 4.20 when it demanded malunion or nonunion of the tibia and fibula for even a compensable rating by analogy under DC 5262's old criteria pre-February 7, 2021.
- Claimed conditions
- bilateral shin splints
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- 24031683
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 a 40 percent rating for the Veteran's low back disability and a 10 percent rating for bilateral shin splints, while denying increased ratings for other disabilities.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, as well as remanded certain issues.
- Denied
The Board denied service connection for bilateral shin splints and left knee osteoarthritis as the evidence did not support a finding that these conditions were related to the Veteran's military service.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, dismissing or denying all appeals.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.