The veteran's claim for a higher initial rating for her service-connected right foot disability is being remanded for an updated VA examination to assess the current severity of the condition.
The deciding factor: The Board believes that a current VA examination is warranted due to assertions of increased severity since the last examination in December 2004, and to address the veteran's contention that her left foot issues are causing additional stress on her right foot.
- Claimed conditions
- hallux valgus of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2008
- Citation
- 0809851
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 an initial rating of 10 percent for hallux valgus of the right and left foot, effective November 30, 2004. The claim for a higher rating for left lower extremity radiculopathy was denied.
- Partly granted
The Board granted service connection for hallux valgus of the right foot as secondary to the Veteran's service-connected bilateral plantar fasciitis and left plantar fascia release. The claims for increased ratings for painful surgical scar, left ankle s/p tarsal tunnel and partial plantar fascia release, and bilateral plantar fasciitis and left plantar fascia release were remanded.
- Partly granted
The Board granted service connection for hallux valgus of the left and right foot, hammer toes on the right foot, and bilateral great toe arthritis, all secondary to the service-connected porokeratosis with intractable plantar keratosis. The increased rating period for the service-connected left foot porokeratosis was denied.
- Denied
The Board denied the veteran's claims for increased ratings and TDIU, finding that his hallux valgus of both feet did not warrant a rating in excess of 10 percent and that he was capable of securing and following a substantially gainful occupation.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.