The Board remands the issues of entitlement to an initial rating in excess of 10 percent for residuals of a fragment wound, left ankle with arthritis and limitation of motion; a rating in excess of 20 percent for residuals of a fragment wound of the left foot with neuropathy; a rating in excess of 10 percent for residuals of a fragment wound with metallic densities, right ankle with limitation of motion; and an initial rating in excess of 10 percent for residuals of fragment wound of the right foot with neuropathy to obtain additional evidence.
The deciding factor: The examinations conducted are inadequate for rating purposes due to lack of review of claims folder, muscle group involvement, nerve damage findings, and scarring details.
- Claimed conditions
- Residuals of a fragment wound, left ankle with arthritis and limitation of motion, Residuals of a fragment wound of the left foot with neuropathy, Residuals of a fragment wound with metallic densities, right ankle with limitation of motion, Residuals of a fragment wound of the right foot with neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2009
- Citation
- 0908671
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
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