The veteran's claim for an initial rating in excess of 10 percent for residuals of a left ankle fracture was remanded for additional development, including a more recent VA examination to assess the severity and manifestations of his condition.
The deciding factor: Further evidence is needed to properly evaluate the current severity of the veteran's service-connected left ankle disability.
- Claimed conditions
- residuals of a left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902721
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 granted a rating of 20 percent for the Veteran's residuals of a left ankle fracture, resolving reasonable doubt in favor of the Veteran.
- Denied
The Veteran's claim for an initial compensable rating prior to September 15, 2008 for residuals of a left ankle fracture was denied. The highest disability rating available under the applicable VA Rating Schedule is 10 percent.
- Granted
The Veteran's combined disability rating was properly calculated using the Combined Ratings Table, resulting in a 90 percent rating as of May 14, 2002. The earlier effective date for TDIU was granted.
- Denied
The Board denied service connection for bilateral pes planus and denied initial disability ratings in excess of 10 percent for degenerative arthritis of L5, S1 with mild retrolisthesis, as well as noncompensable ratings for shin splints of the right and left legs, residuals of a left ankle fracture, and bilateral plantar fasciitis.
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