The Board has remanded the cases for further development and clarification of opinions regarding the severity of the Veteran's service-connected left ankle, left foot, and right foot disabilities. The issues include higher extraschedular ratings, a separate compensable rating, and TDIU prior to April 4, 2017.
The deciding factor: The Board found that the VA examinations or opinions obtained on remand did not adequately address the Veteran's claim of functional equivalence with amputation and prosthetic replacement for his service-connected disabilities.
- Claimed conditions
- left ankle injury residuals, left foot pes planus (left foot disability), right plantar calcaneal spur with plantar fasciitis, tenosynovitis, and osteoarthritis in the posterolateral aspect of the talar dome (right foot disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2023
- Citation
- A23031751
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 A23031751.
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 appeals for effective date prior to April 4, 2017 for TDIU and higher extraschedular ratings for left foot pes planus and left ankle injury residuals are dismissed due to the Veteran's death.
- Remanded (sent back)
The Veteran's claims for service connection for tinnitus and a higher rating for left ankle injury residuals were denied. The case was remanded to obtain additional medical evidence.
- Dismissed
The Veteran's appeals for higher ratings on bilateral defective hearing and left ankle injury residuals, as well as his claims for special monthly compensation based on a need for aid and attendance or due to being housebound, and eligibility for a grant for specially adapted housing or special home adaptation have been dismissed due to the death of the appellant.
- Denied
The Veteran's claims for increased ratings for service-connected left ankle disorder, bilateral hearing loss prior to August 5, 2016, and hearing loss from August 5, 2016 onwards have all been denied by the Board.
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