The Veteran's claim to reopen service connection for a right ankle disorder is granted. However, the Board finds that additional development of evidence is required before addressing the merits of his service connection claim.
The deciding factor: New and material evidence has been received since the last final denial of the claim in March 2004, allowing the Veteran's claim to be reopened. However, further examination and medical opinion are needed to determine if any current right ankle disorder is related to military service or preexisted it.
- Claimed conditions
- Right ankle disorder, Right lower extremity peripheral neuropathy (related to diabetes), Right lower extremity radiculopathy (secondary to low back bulging discs), Right ankle arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2009
- Citation
- 0933514
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0933514.
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 Veteran's right ankle disability, which includes arthritis and tendonitis, is rated at the maximum schedular rating of 40 percent for the entire appeal period.
- Denied
The Board denied service connection for the Veteran's right ankle disorder, finding that it was not shown to be related to his active duty service and did not meet the criteria for secondary service connection due to his left ankle disability.
- Granted
The Board has granted service connection for a right ankle disorder and a lung disorder, finding that the conditions are related to active-duty service.
- Denied
The Board denied the Veteran's claim for service connection of a right ankle disorder, finding that there was no evidence linking his current condition to his military service.
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