The Veteran's appeal is remanded for additional examinations to determine the current severity of his service-connected left ankle disability and residuals of a stress fracture, as well as for any other pertinent issues. The AOJ should also ensure that all relevant private treatment records are obtained.
The deciding factor: The previous VA examination reports do not comply with recent court decisions regarding joint testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing, and additional functional loss during flare-ups of a musculoskeletal disability. These issues require new examinations to provide the necessary information.
- Claimed conditions
- left ankle disability, residuals of a stress fracture of the mid-shaft of the left tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19187294
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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
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