The Board has remanded the claims for entitlement to a rating higher than 10 percent prior to November 13, 2021, for right ankle strain with spur and subtalar joint fusion, as well as the claim for TDIU prior to October 1, 2019. The RO must address these issues in a Supplemental Statement of the Case (SSOC).
The deciding factor: The Board found that the RO did not properly address the claims in their previous SSOCs and required them to be remanded for further action.
- Claimed conditions
- right ankle strain with spur and subtalar joint fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2023
- Citation
- 23051823
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 23051823.
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 claims for a higher rating for right ankle strain and TDIU prior to specific dates have been remanded due to the RO failing to address these issues in their previous SSOC.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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