The Board has remanded the claims of a higher rating for right ankle disability and entitlement to TDIU due to insufficient examination reports and lack of differentiation between service-connected and nonservice-connected conditions.
The deciding factor: The current VA examinations are inadequate in their discussion of functional impact and do not differentiate between symptoms related to service-connected and nonservice-connected conditions.
- Claimed conditions
- right ankle fracture, traumatic degenerative joint disease (DJD), residual posterior tibial tendon rupture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2023
- Citation
- 23061966
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 23061966.
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-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Granted
The Board has granted service connection for the Veteran's right ankle fracture and post-traumatic arthritis and arthroplasty, effective August 18, 2025. The Board found that the pre-existing condition was aggravated by active duty service.
- Remanded (sent back)
The Veteran's right ankle disability is currently rated as 10 percent disabling. The Board has determined that the VA examination provided was inadequate and remands the case for a new examination to assess the severity of his service-connected right ankle disability.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for SMC higher than the (l) + (1/2) rate due to lack of anatomical loss or use of extremities, blindness, or permanent bedridden status.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.