The appeal is remanded for a new VA examination to address the severity of the Veteran's right Achilles' tendon rupture residuals with surgical repair, particularly during flare-ups.
The deciding factor: The previous examinations did not adequately address the impairment of the right ankle disability during periods of flare-ups as required by Correia and Sharp.
- Claimed conditions
- right Achilles' tendon rupture residuals with surgical repair
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001585
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.