The Board has remanded the Veteran's claims for higher ratings for his service-connected right ankle disability due to a duty to assist error in the February 2018 VA examination.
The deciding factor: The February 2018 VA examination did not comply with the requirements of Sharp v. Shulkin and Correia v. McDonald, as it failed to provide specific measurements for range of motion and pain on weight-bearing.
- Claimed conditions
- right ankle impingement, traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2019
- Citation
- 19172880
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 19172880.
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 claims for earlier effective dates for service connection for migraine headaches and right ankle impingement were denied. The Board found that the earliest effective date available was June 27, 2019.
- Dismissed
The Veteran withdrew his appeal for a higher rating for service-connected right ankle with traumatic arthritis (claimed as right ankle instability). The Board dismissed the appeal.
- Dismissed
The Veteran withdrew the appeal for service connection for left and right ankle impingement, and both issues are dismissed.
- Remanded (sent back)
The Board remands the claims for service connection for right ankle impingement, left knee tendinitis, and low back condition to obtain an adequate medical opinion that addresses whether these conditions are related to the Veteran's service.
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