The Board has remanded the issues of entitlement to service connection for right and left ankle conditions due to a failure to comply with instructions in the Joint Motion for Partial Remand (JMR). The Veteran's claim must be remanded to obtain an addendum opinion that complies with the December 2017 remand directives, including considering all lay assertions. A new VA examination is also required to determine the nature and etiology of his bilateral ankle conditions.
The deciding factor: The Board found that the Veteran's claim must be remanded due to a failure to comply with instructions in the Joint Motion for Partial Remand (JMR).
- Claimed conditions
- traumatic arthropathy of the left ankle, bilateral tarsal ligament sprain, bilateral ankle degenerative changes, bilateral ankle osteoarthritis, ankle strain with retrocalcaneal spurs, possible peroneal tendon strain, ankle equinus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2019
- Citation
- 19167641
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 19167641.
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.
- Partly granted
The Board granted service connection for hypertension and tinnitus, but denied service connection for a left wrist condition, chronic fatigue syndrome, dry mouth, and a skin condition. Several claims were remanded for further development.
- Granted
The Board granted service connection for multiple musculoskeletal disabilities, including cervical spine degenerative disc disease and bilateral joint osteoarthritis, based on in-service exposure to PCBs.
- Denied
The Veteran's service connection claims for sleep apnea, left and right ankle osteoarthritis, and bilateral plantar fasciitis with right foot pes planus were denied. The Veteran was granted a 30 percent disability rating for his bilateral plantar fasciitis with right foot pes planus.
- Denied
The Board denied service connection for the Veteran's claimed conditions, including bilateral foot, hip, and ankle osteoarthritis, as well as lumbar spine myositis and atopic dermatitis, all of which were related to his exposure to Agent Orange during service.
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