The Veteran's appeal for a higher rating for recurrent right ankle sprains has been denied as the evidence does not support a rating in excess of 10 percent.,The Veteran's appeal for a compensable rating for his right ankle surgical scar has been denied as the scar area is less than 144 square inches and not associated with underlying soft tissue damage.,The Veteran's appeal for an increased rating for PTSD remains pending due to a duty-to-assist error in the prior decision.
The deciding factor: The evidence does not support a higher rating based on limitation of motion or other criteria under Diagnostic Code 5271, as the Veteran's range of motion is within normal limits and there are no findings of ankylosis.,The scar area is less than 144 square inches and not associated with underlying soft tissue damage, thus not meeting the criteria for a compensable rating under Diagnostic Code 7802.,A duty-to-assist error occurred in the prior decision where the Veteran's PTSD was rated based on a January 2019 VA examination that did not account for his reported suicidal ideation.
- Claimed conditions
- Recurrent right ankle sprains, Posttraumatic stress disorder (PTSD), Right ankle surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2024
- Citation
- A24054007
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 A24054007.
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 is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
- Remanded (sent back)
The Board has granted service connection for a right knee scar secondary to the Veteran's service-connected right knee disability status post knee replacement. However, the rating for PTSD remains at 30 percent and needs to be re-adjudicated due to a failure to obtain private mental health treatment records.
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