The Board remands the case for a VA orthopedic examination to determine if the veteran's current right ankle condition is related to his service.
The deciding factor: The evidence received since the last final decision was not previously submitted and relates to an unestablished fact necessary to substantiate the claim, raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- Residuals of a right ankle sprain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2009
- Citation
- 0902125
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 claim for revision of an October 1970 rating decision on the basis of clear and unmistakable error (CUE) as it was determined that there was no manifest change in the outcome of the original decision.
- Denied
The Board denied an initial compensable evaluation for residuals of a right ankle sprain prior to February 27, 2004, and an initial evaluation in excess of 10 percent from February 27, 2004.
- Remanded (sent back)
The veteran's claims for service connection for bilateral hearing loss, anal fissures, orchialgia of the right testicle, residuals of a right ankle sprain, and a right knee disability are being remanded for further development.
- Denied
The veteran's residuals of a right ankle sprain did not meet the criteria for an evaluation in excess of 30 percent from September 25, 2003 to August 1, 2007 and 20 percent therefrom.
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