The Board remands the claims for a higher rating for right hip femoral neck stress fracture with residuals of internal fixation, as the November 2021 VA examination report did not provide sufficient medical evidence for rating purposes.
The deciding factor: The November 2021 examination report was inadequate because it did not provide information on the degree of disability manifested by functional loss as required under 38 C.F.R. § 4.40, 4.45 nor did such express such in terms of the degree of additional range-of-motion loss.
- Claimed conditions
- right hip femoral neck stress fracture with residuals of internal fixation, impairment of thigh, right hip femoral neck stress fracture with residuals of internal fixation, limitation of flexion, right hip femoral neck stress fracture with residuals of internal fixation, limitation of extension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071725
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 veteran's claim for a temporary total rating for convalescence related to right hip surgery was denied due to lack of evidence showing the need for convalescence.
- Denied
The Board denied the veteran's claims for higher ratings for bilateral hip disabilities, including femoral neck stress fractures and limitations of extension, flexion, and adduction.
- Remanded (sent back)
The Veteran's left knee disability, characterized as post-traumatic arthritis, is currently rated at 10 percent for the period prior to December 8, 2014 and at 60 percent since February 1, 2016. The issues of entitlement to increased ratings are remanded due to the need for further development.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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