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.
The deciding factor: Remand is necessary due to inadequate VA examination and failure to properly address the Veteran's unavailability for an examination, as required by the duty to assist.
- Claimed conditions
- left ankle deltoid ligament sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2025
- Citation
- A25033876
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.
- Partly granted
The veteran's service connection for several conditions, including left and right knee disabilities, left ankle disability, left foot disability, posttraumatic headaches, TBI, and dental issues, was granted. However, service connection for bilateral hearing loss and higher ratings for other conditions were denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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