The Veteran's claims for increased disability ratings and service connection are being remanded due to the need for compliance with VA's duty to notify, as well as a new VA examination.
The deciding factor: The decision is being remanded because of procedural issues related to notification and the need for updated medical evidence regarding the Veteran's right ankle and tibia disabilities.
- Claimed conditions
- instability of the right ankle, residuals of right tibia fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 29, 2010
- Citation
- 1024179
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. Read the original VA decision (opens in a new tab) using citation 1024179.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development and consideration, including obtaining private treatment records and reviewing evidence added to the claims file since the March 2023 Supplemental Statement of the Case. The Veteran's TDIU rating claim is being referred to the Director of Compensation Service for extraschedular evaluation prior to May 22, 2024.
- Whole decision: Dismissed
The Veteran's appeals for increased ratings for his bilateral ankle disabilities have been dismissed due to the Veteran withdrawing his appeal in a March 2023 statement.
- Whole decision: Denied
The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and referral to the VA Compensation Service Director for consideration of an extraschedular TDIU rating is not warranted.
- Whole decision: Dismissed
The Veteran's appeals for increased ratings and TDIU have been dismissed as he has withdrawn his claims.
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