The appeal is remanded for further development, including a VA examination to assess the current severity of the service-connected conditions.
The deciding factor: The evidence is too old to fairly adjudicate the claim at this time and an updated examination is needed to determine the current status of the service-connected disorders.
- Claimed conditions
- Temporomandibular joint (TMJ) syndrome, Traumatic arthritis of the right ankle, Traumatic arthritis of the left ankle, Residuals of loss of teeth 2, 3, 14, 25, 26, 27, 28, 29, 30, and 31
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2008
- Citation
- 0812587
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 Board vacated its February 21, 2007 decision and remanded the issues for further development due to new evidence received after the initial decision.
- Partly granted
The veteran's residuals of fractures of the right tibia and fibula with traumatic arthritis of the right ankle are rated at 20 percent, but not higher. Service connection for left knee disability was denied.
- Denied
The Board found that the veteran's current evaluations for his cervical spine and right ankle disabilities do not meet the criteria for a higher evaluation under the applicable rating criteria.
- Granted
The Board has determined that the veteran's service-connected traumatic arthritis of the right ankle warrants a 40 percent rating, which is the highest available under Diagnostic Code 5270 for ankylosis of the ankle.
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