The Veteran is seeking compensation under 38 U.S.C. § 1151 for residuals of a left ankle injury sustained in November 2007, alleging that VA failed to conduct MRI testing until approximately one year after the initial injury caused or worsened his disability.
The deciding factor: The examiner determined there was no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part due to timely conservative treatment and subsequent MRI conducted once bone scan results were available.
- Claimed conditions
- left ankle injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 4, 2021
- Citation
- 21061484
Veterans Law Judge
Decisions by this judge: 2,242 · Granted: 24% (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 21061484.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran withdrew his appeals for initial compensable disability ratings for left and right ankle injuries, leading to the dismissal of these claims.
- Whole decision: Dismissed
The Veteran's appeal of the award of an earlier effective date for tinnitus has been withdrawn.,The Veteran's appeals for increased disability evaluations for his low back injury, right knee injury, left knee injury, left ankle injury, and bilateral hearing loss have all been dismissed as the appeal was withdrawn by the Veteran through his representative.
- Whole decision: Dismissed
The Veteran's appeal for service connection on three separate conditions (left ankle injury, left foot infection and amputation, and left foot tinea pedis) has been dismissed due to the Veteran's death. The appeal is not about service connection but rather the right of a surviving family member to continue the appeal.
- Whole decision: Dismissed
The veteran withdrew the appeals for service connection for a left wrist fracture, left ankle injury, and right-hand little finger fracture.
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