The Veteran's appeal is being remanded for additional development, including obtaining medical records and considering the issues of increased evaluation for right ankle disability on both schedular and extraschedular bases, as well as a compensable initial rating for a surgical scar of the right ankle. The TDIU issue remains inextricably intertwined with these other claims.
The deciding factor: The Court found that referral for an extraschedular evaluation is warranted due to the Veteran's need for constant use of a cane and frequent use of a brace, conditions not explicitly considered by the schedular criteria.
- Claimed conditions
- post-operative residuals of a fracture of the right ankle, surgical scar of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 13, 2015
- Citation
- 1515955
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 1515955.
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.
- Remanded (sent back)
The Veteran's initial 10 percent rating for a surgical scar of the right ankle is granted. The Board also remanded two issues: service connection for a right knee disorder (secondary to the service-connected residuals of fracture of the right ankle) and an earlier effective date for the 10 percent rating for the service-connected residuals of fracture of the right ankle.
- Denied
The VA denied an initial evaluation in excess of 10 percent for a surgical scar of the right ankle, as the evidence did not show marked limitation of motion or other factors warranting a higher rating.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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