The Board is remanding the claims for increased ratings for the service-connected right and left ankle disabilities to ensure compliance with a Joint Motion of the parties.
The deciding factor: The decision was based on the need to obtain additional evidence through an examination and review of the Veteran's employment situation, as per the instructions in the Joint Motion.
- Claimed conditions
- traumatic arthritis of the right ankle, traumatic arthritis of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2009
- Citation
- 0907740
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.
- Partly granted
The veteran's cervical spine disability was rated at 50 percent, while the right ankle remained at 20 percent. The combined rating did not exceed 40 percent.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.