The Board has remanded the case due to insufficient evidence regarding the current severity of the Veteran's right ankle disability, specifically his range of motion and functional impairment. The Veteran will need a new VA examination to address these issues.
The deciding factor: The lack of recent physical examination and specific information about the extent of pain, weakness, fatigability, and incoordination during use over time has led to insufficient evidence for determining the current disability level.
- Claimed conditions
- Painful scars of the right ankle, Superficial and nonlinear scars of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074210
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 appeal for an initial rating in excess of 70 percent for PTSD was dismissed. An effective date of October 25, 1982, but not earlier, was granted for the award of service connection for scarring of the right ankle. The grant of service connection for PTSD with a November 19, 2013 effective date was denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.