The Board has remanded the case for a retrospective medical opinion regarding the December 1997 VA examination findings, as it is inadequate to determine the Veteran's left middle finger disability prior to July 19, 2019.
The deciding factor: The March 1998 rating decision was not properly notified to the Veteran due to irregular mailing practices by VA, rendering the CUE claim moot. The December 1997 VA examination is inadequate for rating purposes and requires a retrospective opinion.
- Claimed conditions
- Left Middle Finger Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2024
- Citation
- A24039028
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 A24039028.
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 residuals of a left middle finger fracture have resulted in marked interference with employment, warranting an extraschedular rating and TDIU on an extraschedular basis.
- Denied
The veteran's claim for an increased rating for his left knee disability was denied, but he received a separate 20% rating for instability. His middle finger fracture and associated scar were granted initial compensable ratings.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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