The appeal is remanded to the RO for further development and readjudication of the veteran's claim for compensation under 38 U.S.C. § 1151 for bunionectomy, right great toe with hammertoe release.
The deciding factor: Additional VA treatment records prior to the veteran's March 2004 surgery must be obtained, and an addendum opinion is required to address whether the veteran incurred additional disability as a result of his VA medical treatment.
- Claimed conditions
- bunionectomy, right great toe with hammertoe release
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903325
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 remanded the veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Board could not determine if the veteran's conditions impaired his ability to work.
- Granted
The Veteran's left and right foot disorders are each granted a disability rating of 30 percent.
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