The Board has remanded the case for further examination to determine the current severity of the Veteran's service-connected left ankle disability, as the previous VA examination did not comply with DeLuca and Correia requirements.
The deciding factor: The previous VA examination did not provide specific range of motion measurements for active, passive, weight-bearing, and non-weight-bearing testing, which is necessary to evaluate the severity of the Veteran's service-connected left ankle disability under the rating criteria.
- Claimed conditions
- left ankle scar, residuals of left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 17, 2023
- Citation
- 23039365
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 23039365.
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 left ankle scar is currently rated as noncompensable, and the Board finds that the evidence does not support a compensable rating.,The Veteran's left ankle fracture with osteoarthritis and tendinitis is currently rated at 20 percent. The Board has remanded this issue for further development.
- Granted
The Veteran's service-connected bilateral hip disabilities, together with his service-connected residuals of left ankle fracture, resulted in the loss of use of his bilateral lower extremities and affected the functions of his balance and propulsion as to preclude locomotion without the aid of crutches, a walker, or a cane. The Board has granted entitlement to a certificate of eligibility for specially adapted housing (SAH).
- Granted
The Veteran's service-connected bilateral hip disabilities, together with his service-connected residuals of left ankle fracture, resulted in the loss of use of his bilateral lower extremities and affected the functions of his balance and propulsion as to preclude locomotion without the aid of crutches, a walker, or a cane. The Board has granted entitlement to a certificate of eligibility for specially adapted housing (SAH).
- Denied
The Veteran's claim for special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) is denied because he does not have a single service-connected disability rated as 100 percent disabling, and his disabilities do not meet the requirements of SMC under this section.
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