The Veteran's appeal is remanded to the RO for additional development, including obtaining VA treatment records and providing a VA feet examination. The examiner must address whether there is evidence of a retained body in the Veteran's right foot and provide an opinion as to whether any currently diagnosed right foot disability is due to an event not reasonably foreseeable as a result of the August 1989 or February 1990 VA surgeries and/or subsequent VA medical care.
The deciding factor: The Board cannot address the VA examination reports without first ensuring compliance with previous remand instructions.
- Claimed conditions
- right foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2010
- Citation
- 1010545
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 1010545.
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 Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, but his service-connected persistent depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation. The Board has granted SMC at the housebound rate.
- Denied
The Board denied service connection for multiple disabilities, including neck, back, left foot, left knee, right knee, right foot, and right shoulder disabilities. The Board found insufficient evidence to support presumptive or secondary service connection.
- Denied
The Board has denied the Veteran's claims of service connection for lumbar spine, cervical spine, right knee, left knee, right foot, left foot, and right ankle disabilities. The evidence does not support a finding that these conditions began during or are otherwise related to his military service.
- Granted
The Board has granted service connection for the Veteran's left and right foot disabilities, finding that these conditions were aggravated by service.
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