The Veteran's right ankle fracture with degenerative arthritis is rated as 20 percent disabling, which is the maximum schedular rating permitted for limited motion of the ankle. The evidence does not support a higher rating.,The Veteran's lumbar spine degenerative arthritis with intervertebral disc syndrome and bilateral hip disabilities are remanded for further examination to determine their current severity.,The Veteran's right hip arthritis, limitation of flexion is remanded for further evaluation.,The Veteran's left hip arthritis, painful adduction with limited rotation and abduction is also remanded for further evaluation.
The deciding factor: The Veteran's disabilities have been rated based on the criteria provided in the rating schedule. The current ratings are consistent with the severity of her conditions as described by VA examinations and medical records.
- Claimed conditions
- right ankle fracture with degenerative arthritis, lumbar spine degenerative arthritis with intervertebral disc syndrome, right hip arthritis, limitation of flexion, left hip arthritis, limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2023
- Citation
- 23015205
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 23015205.
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.
- Granted
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional evidence and a new VA examination. The issue at hand is whether the Veteran should receive an evaluation in excess of 30 percent for his major depressive disorder associated with lumbar spine degenerative arthritis with intervertebral disc syndrome.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for lumbar spine degenerative arthritis with intervertebral disc syndrome, bilateral hip disabilities (right and left), limitation of extension, and TDIU. The reasons include the need to consider the ameliorative effects of medications used by the Veteran.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
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