The Board has remanded the Veteran's claims for higher ratings for his right and left ankle bone chips, status post-surgical repair with scars due to a lack of an opinion on functional loss during flare-ups and repetitive use.
The deciding factor: The VA examiner did not provide an opinion regarding the additional limitations caused by flare-ups and repetitive use.
- Claimed conditions
- Right ankle bone chip, status post-surgical repair with scar, Left ankle bone chip, status post-surgical repair with scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127441
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 Veteran's claims for increased ratings of his right and left ankle disabilities, as well as the associated scars, have been denied. The Board found that the current 10 percent ratings adequately reflect the functional impairment caused by arthritis in both ankles.
- Granted
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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