The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his service-connected osteoarthritis and Achilles tendonitis. The TDIU claim is also being deferred as it is intertwined with the rating claim.
The deciding factor: The decision requires additional evidence regarding the Veteran's current disability status due to recent surgery and employment status, necessitating a new examination and clarification on the TDIU claim.
- Claimed conditions
- Osteoarthritis, left ankle, Achilles tendonitis with calcifications
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180170
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 granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right knee, and left knee as secondary to the service-connected right ankle due to a lack of development by the AOJ.
- Partly granted
The Veteran is granted an effective date of October 21, 2019, for a disability rating of 30 percent for left knee meniscal tear, ACL tear, and osteoarthritis status post left total knee replacement.
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