The veteran is seeking an increased disability rating for his service-connected left ankle fracture residuals, which are currently rated at 10 percent. The Board has determined that a new VA examination is necessary to evaluate the current state of his condition and determine if it warrants a higher rating.
The deciding factor: The Board found that the last VA compensation and pension examination was conducted in April 2002, and the veteran's representative indicated that his left ankle fracture residuals have worsened since then. The Court has held that where the disability is rated on limitation of motion, functional loss due to pain must be considered.
- Claimed conditions
- left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2005
- Citation
- 0501382
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0501382.
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 left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with some issues being remanded.
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