The Veteran's claim for a higher disability rating for left ankle lateral collateral ligament sprain and fracture is being remanded due to the need to advise the Veteran of the revised rating criteria for limitation of motion of the ankle under diagnostic code 5271, as well as address evidence of instability.
The deciding factor: The Board found that there has not been substantial compliance with prior remand directives regarding the revision of the rating criteria and advised the Veteran of these changes.
- Claimed conditions
- left ankle lateral collateral ligament sprain (chronic/recurrent), left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2024
- Citation
- 24034145
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 24034145.
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.
- Denied
The Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
- Remanded (sent back)
The Board remands the claims for service connection for left and right ankle lateral collateral ligament sprain (chronic/recurrent) to allow the Regional Office to readjudicate them based on all evidence of record.
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