The Board has determined that the RO mistakenly rated a non-service connected disability (residuals of a fracture of the right great toe) instead of the veteran's service connected residuals of a left great toe. The case is REMANDED for further action, including clarifying whether the veteran wishes to pursue an increased rating claim for his service-connected left great toe disability and providing a fresh VA examination of the right great toe.
The deciding factor: The RO mistakenly rated a non-service connected disability instead of the veteran's service connected residuals of a left great toe.
- Claimed conditions
- fracture of the right great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 7, 2007
- Citation
- 0738439
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. Search VA.gov for the original decision (opens in a new tab) using citation 0738439.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The veteran's claim for a clothing allowance was denied because he does not meet the eligibility criteria as his right great toe disability is currently evaluated as 10 percent disabling and there are no indications that it results in the loss of use of the right foot.
- Denied
The Board denied the veteran's claims for service connection for amputation of his right great toe and an increased evaluation for his fracture of the right great toe. The veteran was not granted a higher rating for his right great toe disability, as it did not meet the criteria for a higher evaluation under the applicable diagnostic codes. Service connection for amputation of the right great toe was also denied due to lack of evidence supporting such claim.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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