The Board remands the issue of compensation under 38 U.S.C. § 1151 for residuals of a left ankle injury as a result of treatment at a Department of Veterans Affairs medical facility between November 2007 and December 2008.
The deciding factor: The case was remanded to obtain an addendum opinion from a physician qualified in orthopedic medicine regarding the delay in providing MRI testing and its impact on the Veteran's disability.
- Claimed conditions
- Residuals of a left ankle injury
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2021
- Citation
- 21061484
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 Board denied ratings in excess of the current assigned ratings for the Veteran's left and right ankle injuries, chronic kidney disease, and patellofemoral pain syndrome of the right knee. However, a 10 percent rating was granted for hypertension.
- Denied
The Board denied the veteran's claims for increased ratings for various service-connected conditions, including painful scars and radiculopathy.
- Partly granted
The Board denied the Veteran's claim for an earlier effective date and granted a 50% rating for PTSD, effective from November 2, 2006.
- Denied
The Board denied service connection for residuals of spinal cord, left hip, bilateral knee, right shoulder, right elbow, and left ankle injuries as there was no competent medical evidence indicating that these conditions were causally or etiologically related to the veteran's active service.
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