The veteran is seeking an earlier effective date for his 20% evaluation of the right ankle fracture and increased evaluations for both his right ankle and left shoulder disabilities. The case has been remanded to obtain additional medical evidence, clarify the veteran's claims, and schedule new examinations.
The deciding factor: The Board found that there was insufficient information regarding the earlier effective date claim and needed clarification from the veteran. Additionally, new examinations were required due to the length of time since the last evaluations.
- Claimed conditions
- Right ankle fracture, Left shoulder injury with traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2007
- Citation
- 0738400
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 0738400.
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.
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