The Board has determined that the VA's carelessness, negligence, or lack of proper skill in providing post-surgical treatment for the Veteran's left leg and ankle condition proximately caused additional disabilities. The case is being remanded to allow for a thorough review of the medical records and an appropriate clinician's opinion.
The deciding factor: The Board found that VA carelessness or negligence may have contributed to the Veteran's current conditions, necessitating further examination and analysis.
- Claimed conditions
- left ankle condition, closed displaced pilon fracture of the left tibia with malunion, contracture of the left ankle, short (acquired) Achilles tendon, traumatic arthritis of the left ankle, traumatic arthropathy of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2023
- Citation
- 23018302
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 23018302.
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.
- Dismissed
The Veteran's appeals for increased disability ratings for his left knee patellofemoral pain syndrome and left ankle condition have been dismissed due to the withdrawal of the appeal by the Veteran's representative.
- Dismissed
The Veteran withdrew his appeals for all issues related to posttraumatic headache, insomnia, left ankle condition, lumbosacral strain (lower back), and chest pain. The appeal was dismissed as the Veteran requested withdrawal of these claims.
- Denied
The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.
- Granted
The Board has granted service connection for bilateral hearing loss, left ankle condition, left shoulder condition, right shoulder condition, left wrist condition, right wrist condition, and left knee condition. The Veteran's sleep apnea is also found to be related to his military service.
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.