The Board has remanded three issues: increased initial ratings for left ankle sprain and cervical strain, and the effective date of a separate compensable rating for radiculopathy of the left upper extremity. The Veteran is to be examined to assess his left ankle (including any associated instability) and cervical spine disabilities without considering the ameliorative effects of medication. An opinion on when the radicular symptoms first manifested, and at what level of intensity prior to October 7, 2019, is also required.
The deciding factor: The Board found that the previous decision did not provide a proper explanation for why objective medical evidence was afforded more probative weight than the Veteran's lay statements regarding left ankle symptomatology. Additionally, it failed to discuss lay evidence indicating radicular symptoms at specific times and its consideration of whether an earlier effective date for his left upper extremity radiculopathy evaluation was warranted.
- Claimed conditions
- left ankle sprain, cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2023
- Citation
- 23049875
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 23049875.
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's service connection claims for various conditions were granted effective from July 1, 2020.
- Dismissed
The Veteran's appeals for service connection were dismissed due to a procedural defect in filing the claims on the correct form.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for migraine headaches and cervical strain due to a duty to assist error. The AOJ failed to obtain VA medical opinions addressing the etiology of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of chronic neck pain and cervical strain, finding that the Veteran did not file a claim for these conditions until June 28, 2013.
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