The Board has remanded the cases for a new VA examination to determine the current nature and severity of the Veteran's bilateral ankle disabilities due to inadequate previous examinations.
The deciding factor: The previous VA examinations were deemed insufficient under Sharp v. Shulkin, 29 Vet. App. 26 (2017), as they did not provide adequate information regarding additional limitation of motion after repeated use and failed to explain the inability to gather information by alternative means.
- Claimed conditions
- left ankle achilles tendonitis, right ankle achilles tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 22, 2020
- Citation
- 20062312
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20062312.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, requiring another VA examination for nerve conditions.
- Granted
The Veteran's left ankle disability was granted a 20% rating from July 30, 2012 to February 18, 2023. The claim for an increased rating beyond this period is denied.
- Partly granted
The Board denied increased ratings for the Veteran's low back and left ankle disabilities, granted a 20% rating for left lower extremity radiculopathy from April 14, 2023, to October 11, 2023, and granted an earlier effective date of January 14, 2016, for the grant of service connection for left lower extremity radiculopathy.
- Denied
The Board denied an earlier effective date for the awards of 10 percent ratings for right and left ankle achilles tendonitis, as it was not factually ascertainable that a 10 percent rating was warranted within one year prior to September 2, 2023.
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