The Veteran's appeal is being remanded due to the need for a new VA examination and opinion regarding his left foot gunshot wound. The issue of entitlement to an increased rating remains pending.
The deciding factor: The AMC did not fully comply with the December 2009 Board remand directives, specifically in providing the August 2009 VA examiner with the specific objective findings and rating criteria used under 38 C.F.R. � 4.56.
- Claimed conditions
- gunshot wound of the left foot with loss of proximal portions of the third and fourth metatarsals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2011
- Citation
- 1115732
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 1115732.
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.
- Granted
The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected gunshot wound of the left foot. The issue of entitlement to an increased rating for the gunshot wound remains pending and will be remanded.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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