The Board has decided to remand the Veteran's claims for increased ratings for bilateral leg disabilities due to a pre-decisional duty to assist error, specifically regarding an inadequate VA examination. The Veteran is required to undergo a new VA examination to determine the current severity of his service-connected bilateral leg disabilities.
The deciding factor: The Board found that the February 2021 VA examination was insufficient and did not adequately evaluate the functional effects of flare-ups in both knees, which are critical for determining the appropriate rating under the applicable criteria.
- Claimed conditions
- left femur stress fracture, right femur stress fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2024
- Citation
- A24043860
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 A24043860.
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.
- Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral hip conditions are being remanded due to the addition of new VA treatment records since the July 2020 SSOC.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings due to inadequate examination findings regarding functional loss during flare-ups and repetitive motion.
- Dismissed
The Veteran's appeals for evaluations related to left femur stress fractures have been dismissed due to the Veteran's withdrawal of her appeal.
- Dismissed
Your initial rating for right knee osteoarthritis has been increased to 20 percent effective April 2014. The appeal seeking a higher rating for your right knee condition is dismissed.
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