The Board has determined that additional development is necessary prior to appellate review, including obtaining medical records and scheduling a VA examination for the veteran's cold injury residuals. The claims for higher initial ratings for cold injury residuals of both feet, secondary service connection for depression, and a 10 percent rating based upon multiple noncompensable service-connected disabilities are remanded.
The deciding factor: The Board found that proper notice under VCAA was not provided with respect to the claims for higher initial ratings for cold injury residuals and secondary service connection. Additionally, an adequate VA examination is needed to determine the current nature and severity of the veteran's cold injury residuals.
- Claimed conditions
- cold injury residuals of left foot, cold injury residuals of right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 11, 2006
- Citation
- 0613717
Veterans Law Judge
Decisions by this judge: 1,738 · 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 0613717.
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 Veteran is seeking a TDIU based on his service-connected cold injury residuals of the feet and peripheral neuropathy of the lower extremities, but he does not meet the schedular criteria for a total disability rating under 38 C.F.R. § 4.16(a). The Board has referred the case to the Director, Compensation Service, for consideration of an extra-schedular TDIU under 38 C.F.R. § 4.16(b) due to his service-connected disabilities.
- Denied
The Veteran's claims for increased ratings for cold injury residuals of the hands and feet were denied as a matter of law due to his failure to report for scheduled VA examinations.
- Granted
The Veteran's service-connected cold injury residuals of both feet contributed to his death from arteriosclerotic heart disease. The claim is granted.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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