The Board has granted the Veteran's petition to reopen his claim for service connection for left ankle fracture and awarded an effective date of December 25, 2006. The case is remanded for further action on issues related to TBI and left ankle sprain.
The deciding factor: The earlier effective date for TBI was granted due to the Veteran's symptoms described as PTSD also constituting a claim for TBI at separation from service in 2006, despite not being explicitly denied in the April 2007 rating decision.
- Claimed conditions
- left ankle fracture, left ankle sprain, mild residual instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2020
- Citation
- 20080194
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 20080194.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with some issues being remanded.
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