The veteran's claims for increased ratings for his left and right foot disabilities are being remanded for a new VA examination to determine the current severity of these conditions.
The deciding factor: The last VA examinations were conducted in 2005, and there is evidence suggesting that the veteran's condition has worsened since then.
- Claimed conditions
- Left foot disability, residuals, shell fragment wound, left foot with healed fractures 2nd, 3rd, and 4th metatarsals with peripheral neuropathy, Right foot disability, residuals shrapnel injury to the right foot with slight decreased range of motion in the ankle and lateral and medial plantar nerve damage with peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905079
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 appeal for an increased rating for the acquired psychiatric disorder and other disabilities was denied, with no increase in the assigned ratings.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error regarding VA's obligation to obtain relevant records from the Social Security Administration.
- Denied
The Board denied the Veteran's claim for service connection for prostate cancer and residuals, finding that there was no evidence to support a causal relationship between his in-service prostatitis and his later diagnosis of prostate cancer.
- Partly granted
The Board granted the readjudication of claims for service connection based on new and relevant evidence, but remanded other claims for further examination.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.