The Veteran's appeal for a higher rating for recurrent right ankle sprain with degenerative changes is denied as the evidence does not support a finding of less than 5 degrees of dorsiflexion or less than 10 degrees of plantar flexion.,The Veteran's appeal for a higher rating for right shoulder infraspinatus tear with adhesive capsulitis is remanded due to worsening symptoms since his last VA examination.
The deciding factor: The evidence does not support finding that the Veteran's right ankle has limited motion to less than 5 degrees of dorsiflexion or less than 10 degrees of plantar flexion, which would constitute a 'marked' limitation of motion.,The Veteran reported worsening symptoms since his last VA examination, including increased pain and difficulty with daily activities.
- Claimed conditions
- Recurrent right ankle sprain, Degenerative changes in the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2023
- Citation
- 23021073
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 23021073.
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.
- Remanded (sent back)
The Veteran's right ankle disability was rated at 10% prior to December 10, 2007 and increased to 20% thereafter. The tinea versicolor rating remained at 30% prior to May 20, 2004 and decreased to a higher percentage after that date.,The Veteran's right ankle disability was rated at 20%, the highest available under Diagnostic Code 5271 for limitation of motion. The tinea versicolor rating remained at 30%.
- Denied
The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and occupational background.
- Denied
The Veteran's service-connected right and left ankle sprains have resulted in moderate limitation of motion, pain, and instability. The criteria for a disability rating in excess of 10 percent for recurrent right and left ankle sprains have not been met.
- 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.
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