The Board has remanded the case due to inconsistencies in the findings of ankylosis and inversion deformity. The Veteran's right ankle disability remains under review for a higher rating.
The deciding factor: There are conflicting findings regarding the presence of inversion deformity associated with the Veteran's right ankle ankylosis.
- Claimed conditions
- fractured right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2019
- Citation
- 19132114
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 claim for a sleep disorder is denied as there is no evidence of a current diagnosis.,An increased 20 percent rating, but no higher, has been granted for the right shoulder/collarbone disability from November 12, 2010 to October 15, 2018. The Veteran's claim for an increase in disability rating beyond this period is denied.,The Veteran's claim for a disability rating in excess of 10 percent for residuals of left thumb fracture (claimed as traumatic arthritis) has been granted from November 3, 2011 to October 15, 2018. The Veteran's claim for an increase in disability rating beyond this period is denied.,The Veteran's claim for a disability rating in excess of 10 percent for residuals of fractured right ankle remains denied.,The Veteran's claim for a disability rating in excess of 10 percent for residuals of left patella fracture, left knee remains denied.,The Veteran's claim for an increased 20 percent rating for degenerative disc disease of the lumbar spine has been granted from March 4, 2011 to October 15, 2018. The Veteran's claim for a disability rating in excess of this period is denied.,The Veteran's claim for an increased rating for sciatic radiculopathy in the right lower extremity remains denied.
- Denied
The Board found that the veteran's right ankle disability, which includes arthritis and a history of fracture, is currently manifested by pain and swelling with resulting restriction in prolonged physical activity. This equates to no more than marked limitation of motion; there is no indication of ankylosis. The criteria for a higher rating are not met.
- Remanded (sent back)
The veteran's appeal is remanded for a current examination to assess the severity of his service-connected right ankle disability.
- Granted
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