The Board has remanded the cases for further development and an addendum opinion to address whether the Veteran's right ankle disability is incurred in or caused by service, and whether it is proximately due to or aggravated by a service-connected lumbar spine disability. The decision on the rating issue remains remanded.
The deciding factor: The Board found that the prior remand instructions were not adequately addressed and thus requires further examination and opinion from a different VA examiner.
- Claimed conditions
- Right ankle disability, Lumbar spine disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2023
- Citation
- 23002729
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 23002729.
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.
- Denied
The Veteran's claim for an earlier effective date of January 10, 1997, for a 10% disability rating for his right ankle disability is denied as there was no CUE in the previous decisions.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right ankle disability is related to his service. The VA examiner must provide an opinion on this matter.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
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