The Veteran's appeal is remanded for further development regarding his right ankle sprain, kidney cancer, and lung cancer claims.
The deciding factor: The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for the right ankle sprain with torn ligaments due to limited range of motion.
- Claimed conditions
- Right Ankle Sprain with Torn Ligaments, Kidney Cancer, Lung Cancer (Secondary to Kidney Cancer)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2023
- Citation
- 23043547
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 23043547.
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.
- Granted
The Veteran is granted special monthly compensation due to the need of regular aid and attendance based on his service-connected disabilities, particularly kidney cancer and depressive disorder.
- Remanded (sent back)
The Veteran's kidney cancer, colon removal, asthma, and low back condition claims are remanded due to the need for additional development regarding exposure to herbicides, contaminated soil, and radiation. A VA examination is required to address these issues.
- Denied
The Board denied service connection for Chronic Lymphocytic Leukemia (CLL) and Kidney Cancer, finding that there was no evidence linking these conditions to the Veteran's in-service exposure to ionizing radiation or asbestos.
- Remanded (sent back)
The Board has remanded the cases for further development and medical opinions regarding the Veteran's thyroid cancer and kidney cancer, as well as their relationship to service. The DIC claim is dismissed as moot due to the grant of service connection for the cause of death.
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