The Veteran's claim for service connection for a neurological condition of the left toes is being remanded due to issues with the June 2005 VA examination. The Court found that the Board erred in accepting the examiner's opinion as adequate, and requested an appropriate examination consistent with the directives of the Court.
The deciding factor: The Court held that the Board erred in accepting the June 2005 VA examiner's nexus opinion based on the absence of service records corroborating a combat Veteran's injury, which is not permissible under Dalton v. Nicholson.
- Claimed conditions
- neurological condition of the left toes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2009
- Citation
- 0920150
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 0920150.
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 Board has denied the veteran's claims for service connection for a neurological condition of his left toes and residuals of a low back injury, finding that there is no evidence to support these claims.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining missing service records and arranging for VA examinations. The veteran's claims for service connection are pending.
- 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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