The Board has remanded the claims for an evaluation of a right ankle disability and TDIU due to inadequate medical opinions addressing functional limitations during flare-ups and after repetitive use. The AOJ is instructed to obtain additional VA treatment records, schedule the Veteran for another VA examination, and readjudicate the claims.
The deciding factor: The Board found that the previous medical opinions did not adequately address the Veteran's reported flare-ups and their impact on his right ankle disability.
- Claimed conditions
- Right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069931
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 various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Dismissed
The Board dismissed the claims for service connection for various disabilities, including bilateral hearing loss, right knee, right hand, left knee, right ankle, and residuals of a traumatic brain injury due to untimely appeals or lack of evidence supporting current disability.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Dismissed
The Board dismissed the appeals for a compensable rating for bilateral hearing loss, an increased rating for tinnitus, service connection for vertigo, and service connection for a right ankle disability due to untimely VA Form 10182 submissions without good cause shown.
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