The Board has denied a higher disability rating for left ankle tendonitis and has remanded the issue of service connection for an acquired psychiatric disability due to military sexual trauma (PTSD). The Veteran's claim for PTSD is being remanded because VA did not provide proper notice regarding personal assault claims, and additional efforts are needed to verify her alleged stressors.
The deciding factor: VA failed to provide proper VCAA notice specific to the Veteran's personal assault claim for PTSD, which requires special consideration due to its sensitive nature. Further, VA needs to conduct exhaustive efforts to corroborate the Veteran’s reported stressors related to sexual harassment in service.
- Claimed conditions
- left ankle tendonitis, acquired psychiatric disability (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2019
- Citation
- 19155857
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 19155857.
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 has decided to remand the Veteran's claims for service connection for right and left ankle tendonitis due to a pre-decisional duty-to-assist error in the April 2021 medical opinion. The case is being returned to the AOJ for an addendum opinion.
- Remanded (sent back)
The Board has remanded the Veteran's claims for right ankle tendonitis, left ankle tendonitis, and left hip joint condition due to insufficient medical opinions regarding medication use and secondary service connection.
- Dismissed
The Veteran's appeal for a rating in excess of 60 percent for right knee arthritis is dismissed. The claim for service connection for an acquired psychiatric disability (PTSD) is remanded due to new and relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to a need for clarification on whether the Veteran's left ankle condition was caused or aggravated by his service-connected right knee condition. The VA will provide an opinion regarding this issue.
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