The veteran's appeal is remanded for additional evidentiary development, including a physical examination and proper notice under Dingess v. Nicholson.
The deciding factor: The case must be remanded due to the need for proper notice under Dingess v. Nicholson and for arranging an adequate evaluation within the prison facility.
- Claimed conditions
- left ankle fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2007
- Citation
- 0717870
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 0717870.
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.
- Remanded (sent back)
The Veteran's claims for increased ratings for right foot plantar fasciitis, cervical spine degenerative disc disease, and left ankle fracture residuals are being remanded due to the need to obtain Social Security Administration (SSA) records.
- Denied
The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use assistive devices and his ability to independently ambulate.
- Denied
The Veteran's service-connected musculoskeletal disabilities do not render him unable to secure or follow substantially gainful employment, as he has maintained substantial income from previous employment and his current education and work history suggest he can perform sedentary or semi-sedentary work.
- Denied
The Board denied the Veteran's appeal for a rating in excess of 10 percent for his left ankle disability, as the evidence did not support a higher rating.
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