The Veteran's appeal is remanded for further development, including scheduling a VA examination and considering the use of diagnostic code 5310.
The deciding factor: Further development is needed to determine the current severity of the service-connected right ankle disability and whether it should be rated under diagnostic code 5310 as a muscle disability.
- Claimed conditions
- right ankle instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2010
- Citation
- 1002385
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 1002385.
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 an initial 20 percent disability rating for right ankle instability, resolving all reasonable doubt in the Veteran's favor.
- Denied
The Board denied the veteran's claims for increased ratings and remanded other issues related to her right ankle disability.
- Dismissed
The Veteran's appeal request was denied as it was not timely filed within one year of the rating decision.
- Partly granted
The Board denied an increased initial rating for right ankle degenerative arthritis but granted a separate 20 percent rating for right ankle instability, and denied an earlier effective date for the grant of service connection.
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