The Board remanded the veteran's appeal for an increased rating of a right ankle injury because the veteran was not afforded a hearing before a Veterans Law Judge at the Regional Office despite repeatedly requesting one. The veteran is entitled to a hearing and opportunity to submit additional evidence and argument before the merits are decided.
The deciding factor: The veteran requested a Board hearing multiple times in October 2007 and May 2008, but the claims folder showed no evidence he was actually afforded the hearing he requested, necessitating remand for scheduling a hearing before a Veterans Law Judge.
- Claimed conditions
- Residuals of right ankle injury
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900620
Veterans Law Judge
Decisions by this judge: 2,456 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900620.
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 claims for service connection for a right foot disability and TDIU prior to January 24, 2011. The evidence did not support a finding that her current right foot condition was related to her military service or any service-connected disabilities.
- Remanded (sent back)
The Veteran's DDD of the lumbar spine is rated at 40 percent, but no higher. The effective date for service connection of right knee osteoarthritis is denied. Right knee and ankle disabilities are remanded for further examination.
- Dismissed
The Veteran's appeals have been resolved by the RO, and he has received staged ratings for his disabilities. As a result, there are no remaining issues to be decided.
- Granted
The Veteran's currently manifested traumatic septal deviation results from trauma during active military service, and the Board finds that he is entitled to service connection for this condition. The claim of entitlement to service connection for residuals of right ankle injury was also granted.
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.