The Veteran's right ankle disability is currently rated 10 percent, and the Board has determined that a higher rating is warranted. However, the VA examination conducted in December 2014 was inadequate for rating purposes due to missing information on joint testing for pain and additional functional loss during flare-ups.
The deciding factor: The VA examination report did not include necessary details as per the requirements of Correia v. McDonald (2016) and Southall-Norman v. McDonald (2016).
- Claimed conditions
- Right ankle condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2019
- Citation
- 19179086
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 Board denied readjudication of the claims for service connection for bilateral hearing loss, aphthous ulcers, a right elbow condition, an enlarged prostate, a right ankle disorder, and a left ankle disorder as no new and relevant evidence was received.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, as currently diagnosed, related to in-service military sexual trauma (MST).
- Remanded (sent back)
The Board remands the claims for service connection and entitlement to individual unemployability due to a pre-decisional duty to assist error regarding missing private medical records.
- Denied
The Board denied service connection for a lumbar spine disability, left shoulder disability, right shoulder disability, and right ankle condition as the evidence did not support a finding that these conditions were incurred in or caused by the Veteran's military service.
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