The Board has remanded the Veteran's case for further development, including scheduling a VA examination and obtaining additional records. The right ankle impairment claim is being addressed separately.
The deciding factor: The Veteran failed to report for a scheduled VA examination, which was necessary for determining the severity of his right ankle impairment.
- Claimed conditions
- Right ankle impairment, Lower extremity radiculopathy, Degenerative disc disease and joint disease, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2019
- Citation
- 19177166
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.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Granted
The Veteran's service-connected lumbar spine disability and associated lower extremity radiculopathy have precluded him from obtaining or maintaining substantially gainful employment since December 19, 2018.
- Dismissed
The appeal for earlier effective dates for lumbar spine and bilateral lower extremity sciatica was dismissed due to a procedural defect in the docketing of the appeal.
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