The Veteran's left ankle strain is rated as 10 percent disabling, and his right ankle strain (status post-surgery) prior to September 2, 2021, is also rated at 10 percent. The case has been remanded for further development.,For the period from September 2, 2021 onwards, the Veteran's right ankle strain status post-surgery is rated as 20 percent disabling.
The deciding factor: The evidence does not support a higher rating based on the degree of limitation of motion and functional impairment reported by the Veteran.
- Claimed conditions
- Left Ankle Strain, Right Ankle Strain (Status Post-Surgery)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2022
- Citation
- 22000327
Veterans Law Judge
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. Look up the original decision on VA.gov (opens in a new tab) using citation 22000327.
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.
- Granted
The Veteran is granted a TDIU from October 12, 2016 to November 12, 2018 and from January 1, 2019 to July 22, 2019 due to service-connected disabilities preventing him from securing or following any substantially gainful occupation.
- Denied
The Board denied the Veteran's claim for service connection of a left ankle disability, finding that there was no evidence of an in-service injury or chronic condition and noting the lack of credible lay statements regarding continuous symptoms since service.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Persistent Depressive Disorder with Mild Alcohol Use Disorder and his service-connected Right Knee Strain, Left Ankle Strain, and Right Ankle Strain.
- Granted
The Veteran's service-connected disabilities cause incapacity requiring regular aid and attendance, and the Board has granted SMC effective March 17, 2023.
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