The Board has remanded the case due to outstanding VA and private medical records, as well as an inadequate December 2013 VA examination. The Veteran needs to provide authorization for VA to obtain his private treatment records from Dr. C M B and any “scanned outside medical records” or “scanned documents.” A new VA examination is needed to assess the current severity of his service-connected residuals of a left ankle fracture, including evidence of ankylosis.
The deciding factor: The Board found that there are outstanding VA and private medical treatment records that need to be obtained for proper evaluation of the Veteran's condition.
- Claimed conditions
- residuals of a left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181857
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 Board granted a rating of 20 percent for the Veteran's residuals of a left ankle fracture, resolving reasonable doubt in favor of the Veteran.
- Denied
The Veteran's claim for an initial compensable rating prior to September 15, 2008 for residuals of a left ankle fracture was denied. The highest disability rating available under the applicable VA Rating Schedule is 10 percent.
- Granted
The Veteran's combined disability rating was properly calculated using the Combined Ratings Table, resulting in a 90 percent rating as of May 14, 2002. The earlier effective date for TDIU was granted.
- Remanded (sent back)
The Veteran's claims for various disabilities are being remanded due to the failure of a scheduled VA examination. The Veteran was not notified and is homeless, which prevented him from attending the examinations.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.