The Board has remanded the Veteran's claims for increased ratings for his right ankle disabilities and TDIU on an extra-schedular basis due to the need for additional development, including a VA examination.
The deciding factor: The Court found error in the prior decision regarding subjective terms used in rating criteria and improper consideration of supportive devices. The Board also noted that records noting an ovoid mass-like soft tissue lesion should be adequately addressed upon remand.
- Claimed conditions
- residuals of a right anterior fibulotalar ligament rupture, right ankle instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2022
- Citation
- 22067678
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 22067678.
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.
- Dismissed
The Veteran withdrew his appeal for a higher rating for service-connected right ankle with traumatic arthritis (claimed as right ankle instability). The Board dismissed the appeal.
- Dismissed
The Board has dismissed the appeal regarding the proposed discontinuance of a temporary total rating based on convalescence for right ankle tendonitis and instability status-post subtalar arthrodesis ORIF due to procedural issues.
- Denied
The Board denied a rating higher than 10 percent for right ankle instability, finding that the evidence did not meet the criteria for a higher rating based on limited motion.
- Granted
The Board has granted a temporary total evaluation for the Veteran's right cavus foot reconstruction surgery, finding that it was intended to improve his right ankle instability.
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