The Board has decided to remand the case for further development, including obtaining service personnel and medical records, as well as arranging for an examination. The Appellant's claim of having sustained ankle injuries during his active duty military tour from March 1978 to March 1981 is also considered.
The deciding factor: The Board found that the Appellant may not be a veteran due to missing service records, and thus cannot benefit from presumptions related to pre-existing conditions or the PACT Act. The case must be remanded for further development of his claim.
- Claimed conditions
- bilateral ankle disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 30, 2010
- Citation
- 1028542
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 1028542.
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.
- Denied
The Board denied service connection for multiple disabilities, including bilateral wrist, ankle, foot, shoulder, allergic rhinitis, sinusitis, lumbosacral spine, and carpal tunnel syndrome, as the evidence did not support a finding that these conditions were related to active service.
- Granted
The Board granted service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
- Denied
The Board denied service connection for multiple conditions, including fatigue, bilateral eye disability, hypertension, diabetes mellitus, GERD, penile condition, left foot disability, and others. Some claims were remanded for further development.
- Denied
The Board denied service connection for hypertension, sinusitis, chronic fatigue syndrome (CFS), a cervical spine disability, a bilateral ankle disability, a bilateral knee disability, and a bilateral shoulder disability as there was no evidence of current diagnoses or medical nexus to active service.
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