The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically failing to provide a VA examination as required by McLendon v. Nicholson (2006). The Veteran is entitled to such an examination and medical opinion.
The deciding factor: The Board found that there was insufficient evidence of record to decide the claim without a VA examination and medical opinion regarding the etiology of the Veteran's right ankle disabilities.
- Claimed conditions
- Right ankle tendonitis, Chronic right ankle instability/pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2024
- Citation
- A24075766
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 A24075766.
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 right ankle disability, which includes arthritis and tendonitis, is rated at the maximum schedular rating of 40 percent for the entire appeal period.
- Remanded (sent back)
The Board has remanded the Veteran's claims for right ankle tendonitis and pineal brain cyst due to insufficient consideration of her statements regarding onset and continuity of symptoms, as well as the adequacy of the August 2020 VA examination.
- Denied
The Veteran's right ankle tendonitis with degenerative arthritis has not manifested with marked limitation of motion or ankylosis, and therefore a higher disability rating is denied.
- Partly granted
The Board denied increased ratings for asthma with COPD, bilateral hearing loss, cervical spine degenerative arthritis, lumbar spine degenerative arthritis, left and right knee disabilities, and left and right ankle disabilities. However, TDIU was granted.
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.