The Board has remanded the case for further development, including a VA examination and issuance of an SOC regarding the right foot and ankle scar issue. The veteran's remaining claims for higher initial ratings for residuals of right foot trauma and right ankle trauma will also be readjudicated.
The deciding factor: The RO did not consider the criteria for the scar disability in previous decisions, and the March 2003 correspondence can reasonably be construed as an NOD with respect to the scar issue. The veteran's representative requested a VA examination due to changes in symptoms since the last examination.
- Claimed conditions
- residuals of right foot trauma, right ankle trauma, scar to the right foot and ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2008
- Citation
- 0803478
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 0803478.
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.
- Granted
The Board has granted a 10 percent rating for the Veteran's right ankle disability, effective from June 30, 2008, finding that the evidence shows functional loss and painful motion prior to January 25, 2013.
- Granted
The Veteran is in need of regular aid and attendance due to his service-connected conditions, including PTSD with dysthymic disorder, dumping syndrome, and other disabilities. The Board has granted special monthly compensation based on the need for aid and attendance.
- Remanded (sent back)
The veteran's case is being remanded for scheduling a hearing before the Board of Veterans' Appeals at the RO. The issues include service connection for various conditions.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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