The Board has remanded the claim for a rating in excess of 10 percent for a service-connected left ankle disorder due to an inadequate VA examination. The Veteran needs to be provided with more than 2 days written notice and must attend another VA examination.
The deciding factor: The previous VA examination was not conducted as required by Correia v. McDonald, 28 Vet. App. 158 (2016), and Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- left ankle disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2022
- Citation
- 22053713
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 22053713.
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 Veteran's claims for bilateral hearing loss, left ankle disorder, and skin disorder (claimed as neurodermatitis) due to insufficient medical opinions regarding their etiology. The Veteran is required to undergo additional VA examinations to determine if his current conditions are related to service.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
- Remanded (sent back)
The Board has decided to remand the cases for new VA examinations due to inadequate opinions in the July 2020 VA examination reports. The Veteran's right shoulder disorder, left ankle disorder, and lumbar spine disorder are being reviewed again to determine if they are related to his active duty service.
- Dismissed
The Board dismissed the appeal for a higher rating for tinnitus and denied claims for earlier effective dates for service connection of left breast scars, hyperlipidemia/high cholesterol, bilateral hip disorders, and left ankle disorder.
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