The Board has remanded the case for further development, including an examination of the veteran's right ankle disability and a determination on whether an extraschedular evaluation is warranted.
The deciding factor: The Board found that the RO/AMC did not comply with the remand instructions regarding the application of 38 C.F.R. § 3.321(b)(1) for an extraschedular evaluation, and thus the case must be returned to the RO/AMC for further action.
- Claimed conditions
- Right ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2005
- Citation
- 0528940
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 0528940.
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 the Veteran's motion to revise a March 1975 rating decision that assigned an initial noncompensable disability rating for service-connected right ankle fracture, finding no CUE in the decision.
- Granted
The Veteran's acquired psychiatric disorder, left ankle disorder, and right ankle fracture are all granted service connection. The right ankle fracture is remanded for a higher disability rating.
- Granted
The Board has granted an initial 40 percent rating for the Veteran's right ankle disability, finding that his symptoms more nearly approximated ankylosis in dorsiflexion at more than 10 degrees during flare-ups and after repetitive use over time.
- Denied
The Veteran's request for an effective date before April 23, 2021, for service connection for right ankle stress fracture of the talus with right ankle sprain and right ankle fracture is denied. The June 1998 and July 2002 rating decisions are final, and there was no pending claim or unadjudicated claim under 38 C.F.R. § 3.160(c) or informal claim under 38 C.F.R. §§ 3.155, 3.156 regarding the right ankle disability between the July 2002 rating decision and April 23, 2021.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.