The Board has decided that the Veteran's left ankle disability is compensable under 38 U.S.C. § 1151, but has also remanded his claim for service connection of a lumbar spine disorder due to lack of necessary records.
The deciding factor: The decision on compensation was based on evidence showing the Veteran’s additional disability in his left ankle was caused by VA error, while the remand is due to the absence of relevant medical records from Fort Howard Hospital.
- Claimed conditions
- left ankle and subtalar joint fusion for post-traumatic arthritis with malunion and possible non-union, lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 15, 2019
- Citation
- 19163404
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 19163404.
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.
- Dismissed
The Veteran withdrew his claims for service connection for a lumbar spine disorder, diabetes mellitus, and bilateral diabetic neuropathy.
- Dismissed
The Board denied the veteran's appeal for timely filing of an appeal request, dismissing the attempted appeal.
- Remanded (sent back)
The Board remands the claims for service connection for various disorders, including a lumbar spine disorder, left elbow disorder, and others, to correct duty to assist errors.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for a lumbar spine disorder due to a need for an additional medical opinion.
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