The Veteran's right ankle surgical scars and post-operative internal fixation fracture are currently rated, but the Board finds that a higher rating is not warranted. The Veteran’s current disability ratings will be remanded for further examination to determine if there is any additional impairment due to instability.
The deciding factor: The VA examiner found no evidence of instability in the right ankle surgical scars and noted inconsistency between the Veteran's report of instability and the examiner's findings.
- Claimed conditions
- right ankle surgical scars, right ankle post-operative internal fixation fracture right medial malleolus and distal one-third of right fibula with retained fixation metal and traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2019
- Citation
- 19179105
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 denied an initial compensable rating for right ankle surgical scars but granted a separate 10 percent rating for painful right ankle surgical scars. The Board also denied an initial rating in excess of 70 percent for PTSD with amphetamine use disorder.
- Dismissed
The Veteran's appeal for increased ratings for right ankle degenerative joint disease and surgical scars prior to October 15, 2019, as well as his TBI with posttraumatic headaches, scalp scar, and photophobia, was dismissed. The Veteran is granted an initial 10 percent rating for his service-connected traumatic brain injury.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.