The Board found that a hammertoe deformity of the right foot was not incurred in or aggravated by service, as there is no evidence of chronicity during service and the Veteran's assertion of continuity of symptoms after service is less credible than the service treatment records.
The deciding factor: Service connection cannot be established because there is no documented chronicity of a hammertoe deformity of the right foot in service, and the Veteran's claim of continuity of symptomatology after service is not supported by evidence other than his own assertion.
- Claimed conditions
- hammertoe deformity of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 27, 2010
- Citation
- 1047958
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. Read the original VA decision (opens in a new tab) using citation 1047958.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling VA examinations to assess the severity of his service-connected skin and foot disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development due to insufficient evidence regarding the cause of the Veteran's right foot hammertoe deformity.
- Whole decision: Dismissed
The veteran's claims for service connection for right and left foot disorders were dismissed as there is no case or controversy over which the Board has jurisdiction.
- Whole decision: Denied
The veteran's combined disability rating is 50%, which does not meet the criteria for a TDIU. The Board denied his claim as he did not meet the schedular requirements and extra-schedular consideration was also not warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.