The Board remands the claims for an initial rating in excess of 10 percent for right and left ankle deltoid ligament sprain due to a pre-decisional error regarding the functional impact of flareups.
The deciding factor: The examiner's finding of no significant limitation in functional ability during flareups is inconsistent with the Veteran's reported severe flareups, requiring an addendum to reconcile this discrepancy.
- Claimed conditions
- right ankle deltoid ligament sprain, left ankle deltoid ligament sprain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2024
- Citation
- A24073363
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.
- Partly granted
The Board granted a total disability rating based on individual unemployability due to service-connected disabilities, but denied an increased disability rating for the Veteran's herniated nucleus pulposus with post-traumatic arthritis of the lumbar spine.
- Remanded (sent back)
The Board remands the claim for a disability rating in excess of 10 percent for the left ankle deltoid ligament sprain to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the claims for service connection for a back injury, joint pain, right ankle deltoid ligament sprain, tinnitus, and sleep apnea (OSA) or sleep disturbances due to duty-to-assist errors.
- Denied
The Board denied service connection for all claimed conditions due to lack of evidence showing a current disability or functional impairment.
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