The Veteran's appeal is remanded for a VA medical opinion to determine if the right ankle nonunion with deformity, necrosis of talar bone, avascular necrosis of the talar bone, and nerve damage are due to an event not reasonably foreseeable. The case will be readjudicated after this development.
The deciding factor: The Board finds the April 2016 VA medical opinion inadequate for determining entitlement to compensation benefits under 38 U.S.C. § 1151 because it did not provide a clear opinion as to whether any additional disability of the right ankle was due to an event not reasonably foreseeable.
- Claimed conditions
- right ankle nonunion with deformity, necrosis of talar bone, avascular necrosis of the talar bone, nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19144982
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 Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Dismissed
The Board dismissed the claims for service connection and increased ratings as the appeal was untimely.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Dismissed
The appeal was dismissed due to the Veteran not timely filing a Board Appeal request.
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