The Board has determined that there was a pre-decisional duty to assist error for not obtaining a VA examination and medical opinion regarding the Veteran's right ankle condition and traumatic brain injury. The case is therefore REMANDED for further action.
The deciding factor: There was a failure to obtain a VA examination and medical opinion, which triggered the duty to assist as per McLendon v. Nicholson (2006).
- Claimed conditions
- right ankle condition, traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2024
- Citation
- A24042645
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 A24042645.
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 Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Dismissed
The Board dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.
- Denied
The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.
- Dismissed
The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.
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