The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his right ankle disability and service connection for a right hip disability, as the VA examiner’s opinion regarding functional impairment was inadequate.
The deciding factor: The examination provided by the VA examiner did not address whether pain, weakness, fatigability, or incoordination significantly limited the Veteran's functional ability with repeated use of his right ankle over a period of time.
- Claimed conditions
- right ankle sprain, degenerative joint disease (DJD) of the right ankle, right hip disability, to include right trochanteric bursitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004746
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).
- Partly granted
The Board granted a 20 percent rating for the service-connected right ankle sprain, but denied an increased rating in excess of 20 percent.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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