The Board found that the December 1953 rating decision denying service connection for residuals of a fracture of the third metatarsal of the right foot was not clearly and unmistakably erroneous. The case is now remanded to the RO for further action, including consideration of new evidence submitted by the veteran.
The deciding factor: The Board determined that there was no clear and unmistakable error in the December 1953 rating decision as the correct facts were before the RO at the time and the decision was consistent with applicable law and regulations.
- Claimed conditions
- fracture of the third metatarsal of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2004
- Citation
- 0408085
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0408085.
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.
- Denied
The Veteran's service-connected disabilities combine to be 40 percent disabling, but do not meet the percentage rating standards for TDIU. The Board finds that the Veteran is not unemployable solely due to his service-connected disabilities.
- Denied
The veteran's bilateral hearing loss is currently rated at 10 percent, and his right foot disability was initially noncompensable prior to March 19, 2003. Beginning from that date, the disability has been rated as 20 percent disabling.
- Denied
The Board found that the veteran's fracture of the third metatarsal of the right foot did not meet the criteria for a compensable rating, and denied his claim. The issue of service connection for venous insufficiency to include bilateral varicosities was also addressed but is not included in this decision as it is not related to the primary issue.
- Denied
The Board denied an initial rating in excess of 10 percent for the veteran's service-connected right lower extremity disability, finding that the condition did not meet criteria for a higher evaluation.
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