The Veteran's initial compensable evaluation for left ankle surgical scars has been denied. The issues of entitlement to increased evaluations for his service-connected left ankle and right great toe disabilities have been remanded.
The deciding factor: The evidence does not meet the criteria for a compensable evaluation for the left ankle surgical scar, as it is not painful or unstable and does not cause any functional impairment.
- Claimed conditions
- Left ankle surgical scar, Right great toe fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2023
- Citation
- 23048428
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 23048428.
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.
- Partly granted
The Veteran was granted an effective date of August 15, 2019, for a rating of 20 percent for left ankle lateral collateral ligament sprain status post debridement and loose body removal. An increased rating in excess of 20 percent was denied.
- Partly granted
The Board granted a separate disability rating of 10 percent for the Veteran's painful left ankle surgical scar and denied an increased rating for plantar fasciitis and stress reaction of the left foot. The Board also remanded service connection for low/mid back pain.
- Denied
The Veteran's right foot disability, specifically the residuals of a right great toe fracture, is rated at 10 percent and denied for a higher rating.
- Remanded (sent back)
The Veteran's appeal for an increased evaluation in excess of 30 percent for residuals of right great toe fracture is denied.,Service connection for right ear hearing loss condition and left ear hearing loss condition are both remanded due to insufficient evidence regarding the presence or aggravation of these conditions during service.,Service connection for tinnitus is also remanded as there was no opinion on its relation to service.
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