The veteran's appeal is about his service-connected right and left foot disabilities, specifically the ratings for these conditions. The RO failed to properly separate the evaluations of the right ankle disability from the right foot disability, and the left ankle disability from the left foot disability as instructed in a previous remand.
The deciding factor: The RO did not comply with the Board's instructions to separately rate the service-connected right ankle disability from the service-connected right foot disability, and to separately rate the service-connected left ankle disability from the service-connected left foot disability.
- Claimed conditions
- right ankle fracture, status post open reduction and internal fixation, left hallux fracture, status post open reduction and internal fixation, and arthroplasty resection of the second and third toes with deformity and fixation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2002
- Citation
- 0201065
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 0201065.
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 Board denied increased ratings for herpes simplex, allergic rhinitis, bilateral hearing loss, right ankle fracture, and left varicocele.
- Dismissed
The Veteran withdrew his appeal in its entirety, and the claims for service connection and higher ratings were dismissed.
- Partly granted
The Veteran's bilateral dry eye syndrome was granted a 20 percent evaluation, while the claims for an initial disability evaluation in excess of 10 percent for residuals, right ankle fracture and for headaches were denied. The claim for an initial compensable evaluation for herpes simplex myelitis zoster was remanded.
- Denied
The Board denied the Veteran's claim for service connection for a right ankle fracture, finding that the condition was not aggravated beyond its natural progression during military service.
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