The Board remands the appeal for a new VA examination to evaluate the current severity of the service-connected right ankle disability, considering the ameliorative effects of medication.
The deciding factor: The February 2023 VA examiner did not consider the ameliorative effects of medication when evaluating the Veteran's right ankle disability, which is required under Jones v. Shinseki and Ingram v. Collins.
- Claimed conditions
- right ankle degenerative arthritis, synovitis, and peroneus brevis tendon tear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2025
- Citation
- A25044530
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 remands the claims for service connection for left ankle, right ankle, bilateral hip conditions and entitlement to specially adapted housing or special home adaptation grant as there is insufficient evidence to determine if the Veteran's pre-existing conditions were aggravated during his period of ACDUTRA.
- Partly granted
The Board granted an initial rating of 70 percent for unspecified trauma and stressor with unspecified depressive disorder, but remanded the issues of a higher rating for right ankle degenerative arthritis and TDIU.
- Denied
The Board denied the claims for service connection for left knee, right ankle, and left ankle degenerative arthritis as there is no evidence of a current disability; in-service incurrence or aggravation of a disease or injury; and a nexus between the claimed in-service disease or injury and the present disease or injury.
- Partly granted
The Board granted an earlier effective date of October 21, 2021 for service connection for right ankle degenerative arthritis and denied a higher initial rating for the same condition. The claim for service connection for a right leg/knee condition was also denied.
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