The Board has decided to remand the case due to the Veteran's failure to appear for a VA examination, and also because of his incarceration.
The deciding factor: The Veteran missed a scheduled VA examination due to incarceration and failed to notify VA when he was released from treatment programs. The Board finds good cause for these absences and orders another examination.
- Claimed conditions
- Lisfranc's joint disruption of the left foot with surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2023
- Citation
- 23009642
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 23009642.
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 Board denied the Veteran's claim for an increased rating in excess of 10 percent for Lisfranc's joint disruption of the left foot with surgical scar, as the evidence did not support a higher disability rating.
- Remanded (sent back)
The Board remands the matter to ensure that all relevant records from Walton Correctional Facility are obtained, as required by a previous remand.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected Lisfranc's joint disruption of the left foot with surgical scar is being remanded due to concerns about the credentials of the examiner who conducted the most recent VA examination and because there are no treatment records from his incarceration period in 2023.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.