The Board remands the appellant's claims for an initial rating in excess of 10 percent for a chronic right ankle sprain and service connection for a left knee disorder, to include as secondary to the service-connected chronic right ankle sprain, for additional development.
The deciding factor: The appellant has not been provided appropriate notice regarding his claim for service connection on a secondary basis, and there is evidence that his disability may have worsened since the last examination. A new VA examination is necessary to accurately assess the current nature and severity of the chronic right ankle sprain.
- Claimed conditions
- chronic right ankle sprain, left knee disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903630
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
- Dismissed
The appeal for service connection for rheumatoid arthritis was dismissed due to a untimely notice of disagreement. The left knee disorder claim is remanded for further action.
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