The Veteran's claim for a higher rating for left ankle disability was denied. The claims for service connection for petit gran mal seizures, PTSD, anxiety, and depression were remanded due to insufficient evidence. A new and material evidence claim for lung disorder was granted.
The deciding factor: New evidence raised the possibility of a lung disorder but did not establish its etiology with service connection.
- Claimed conditions
- Left ankle fracture, Petit gran mal seizures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 10, 2019
- Citation
- 19177979
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19177979.
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 case due to inadequate examination report and failure to consider the effects of medication on the Veteran's left ankle disability.
- Denied
The Veteran's appeal for higher ratings for major depressive disorder, left ankle fracture, and left knee strain was denied. The Veteran is not entitled to a rating in excess of 30 percent for his major depressive disorder or an initial rating in excess of 10 percent for his left ankle fracture. However, he is granted service connection for the left knee strain as secondary to his right knee strain.
- Granted
The Board has granted service connection for a right hip condition, including need for replacement, secondary to the Veteran's service-connected left ankle fracture.
- Denied
The Board denied the Veteran's claim for service connection for residuals of a left ankle fracture, finding no clear and unmistakable error in the September 21, 2005 rating decision.
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