The Veteran's right ankle disability is currently rated at 40 percent under the rating schedule, and a higher rating on an extraschedular basis is being remanded. The issues of TDIU and SMC are also being remanded as they are inextricably intertwined with the right ankle disability rating issue.
The deciding factor: The Veteran's right ankle disability has been rated based on its current symptoms, but a higher rating may be warranted due to marked interference with employment and functional impairment such that no effective function remains other than what would be equally well served by an amputation and prosthesis.
- Claimed conditions
- residuals of a right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2018
- Citation
- 18153420
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 18153420.
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 has determined that the Veteran's right ankle disability is related to service and has granted service connection for residuals of a right ankle disability.
- Partly granted
The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability and the preponderance of the evidence does not support a finding that his hearing loss began during active service or is otherwise related to an in-service injury or disease.,Service connection has been granted for tinnitus, with the Board noting that the Veteran's lay statements supported his claim.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's current right ankle disability is related to his service. The Veteran reported an in-service injury, but did not seek treatment and now claims he has had discomfort since then.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining a VA medical opinion and updating the Veteran's treatment records. The issues on appeal are whether service connection should be granted for fibromyalgia and its residuals of a right ankle disability.
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