The Board has remanded the case for further development to address the evidence of record and provide the veteran with an opportunity to submit alternative evidence, obtain VA examination reports, and comply with the VCAA. The issues on appeal are whether the veteran is entitled to increased evaluations for residuals of a service-connected left ankle fracture and chronic tendinitis of the left hip.
The deciding factor: The Board's decision was inadequate because it did not discuss relevant evidence from November 1999 VA examination, which indicated normal range of motion in both left hip and left ankle. The veteran should be provided with an opportunity to submit alternative evidence and undergo further clinical evaluation to reconcile the findings.
- Claimed conditions
- residuals, fracture, left ankle, chronic tendinitis, left hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2003
- Citation
- 0335546
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 0335546.
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 service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Denied
The Board denied the Veteran's claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right knee, and left knee as secondary to the service-connected right ankle due to a lack of development by the AOJ.
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