The Board has remanded the cases for additional development, including obtaining updated VA treatment records and a VA medical examination to assess the Veteran's employment capacity due to his service-connected disabilities. The issues of rating left ankle chronic ligament strain and TDIU are inextricably intertwined.
The deciding factor: The decision is based on the need for further evidence and evaluation to determine the full effects of the Veteran's service-connected disabilities on his ability to secure and follow substantially gainful employment.
- Claimed conditions
- left ankle chronic ligament strain, right shoulder degenerative joint disease, lumbar radiculopathy of the left and right lower extremities, spondylosis at L5 with degenerative joint disease and intravertebral disc syndrome, nephrolithiasis, major depressive disorder with hypersomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2023
- Citation
- 23018058
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 23018058.
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 depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Dismissed
The appeal to sever service connection for right shoulder degenerative joint disease is dismissed.
- Granted
The Veteran's service-connected disabilities are severe enough to require the aid and attendance of another, effective April 3, 2020. The appeal for SMC based on housebound status is dismissed as moot due to the award of SMC under section 1114(l).
- Denied
The Veteran's service-connected disabilities do not result in loss or use of a hand, foot, permanent impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is denied financial assistance for automobile or other conveyance and adaptive equipment.
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