The Board finds that the Statement of the Case (SOC) was not properly mailed to the Veteran's representative, and thus remands the claims for an evaluation in excess of 10 percent for a left ankle disability, earlier effective date for a 10 percent evaluation for a left ankle disability, and compensable evaluation for status post atrial fibrillation ablation.
The deciding factor: The presumption of regularity with respect to the issuance of the SOC was rebutted due to confusion over the mailing date and lack of proper documentation.
- Claimed conditions
- left ankle fracture, atriial fibrillation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2021
- Citation
- 21029808
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 21029808.
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 remanded the issues of service connection for atrial fibrillation, benign prostatic hypertrophy with outflow obstruction, congestive heart failure, and hypertension due to inadequate VA opinions. The Veteran's exposure during service is conceded to include asbestos and gas chamber exposures.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient consideration of secondary service connection for coronary artery disease (CAD) related to the Veteran's service-connected foot disability and depression.
- Denied
The Veteran's claims for hypertension, CHF and ventricular arrhythmia, atrial fibrillation, diabetic peripheral neuropathy of the right lower extremity affecting the femoral nerve, and diabetic peripheral neuropathy of the left lower extremity affecting the femoral nerve were denied as there is no evidence that these conditions arose prior to July 31, 2024.,The effective dates for service connection for CHF and ventricular arrhythmia, atrial fibrillation, diabetic peripheral neuropathy of the right lower extremity affecting the femoral nerve, and diabetic peripheral neuropathy of the left lower extremity affecting the femoral nerve were denied as there is no evidence that these conditions arose prior to July 31, 2024.
- Remanded (sent back)
The Board has remanded the case due to errors in obtaining relevant private treatment records and VA opinions, which were not sufficient for a decision on service connection.
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