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
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 remands the case for further development, including adjudicating secondary service connection claims and obtaining a new VA examination.
- Denied
The Board denied the veteran's claims for higher initial ratings for residuals of right and left ankle injuries, finding that moderate limitation of motion was shown but not marked limitation.
- Denied
The Board denied an evaluation in excess of 20 percent for service-connected right ankle disability based on the current level of symptomatology.
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