The Board has ordered a remand for new examinations to assess the current severity of the Veteran's right ankle fracture and lumbosacral strain with degenerative joint disease, as recent examinations were performed in December 2016.
The deciding factor: Recent examinations from December 2016 have been conducted, but the Veteran contends that these disabilities have become worse.
- Claimed conditions
- right ankle fracture, lumbosacral strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000234
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 Veteran's claims for an earlier effective date for TDIU and DEA, as well as the claim for a higher rating for his low back disability, were denied. However, the Board granted an effective date of December 30, 2009, but no earlier, for both TDIU and DEA.
- Dismissed
The Veteran withdrew his appeal in its entirety, and the claims for service connection and higher ratings were dismissed.
- Partly granted
The Veteran's bilateral dry eye syndrome was granted a 20 percent evaluation, while the claims for an initial disability evaluation in excess of 10 percent for residuals, right ankle fracture and for headaches were denied. The claim for an initial compensable evaluation for herpes simplex myelitis zoster was remanded.
- Denied
The Board denied the Veteran's claim for service connection for a right ankle fracture, finding that the condition was not aggravated beyond its natural progression during military service.
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