The Veteran's claims for earlier effective dates for SMC awards related to loss of use of both buttocks and right foot are being remanded due to the need for additional medical opinions regarding the level of disability prior to October 1996.
The deciding factor: Additional medical evidence is required to determine if the Veteran had functional impairment equivalent to the loss of use of both buttocks or right foot at any time before October 1996.
- Claimed conditions
- loss of use of both buttocks, loss of use of right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2011
- Citation
- 1116307
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 1116307.
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 Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Remanded (sent back)
The Veteran's claims for increased ratings for coronary artery disease and SMC for loss of use of the right foot are being remanded due to incomplete records and need for further examination.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service connection claims, including those for hepatic steatosis, loss of use of his feet and hands, vision disability, renal condition, immune system dysfunction, cardiovascular condition, and psychological disability. The AOJ is instructed to schedule examinations for these conditions and provide a rationale for their relationship to service or secondary to RA.
- Granted
The Veteran's initial rating for loss of use of the right foot with loss of the right heel pad, fixation of the right calcus, pes planus and hallux valgus is granted starting from April 29, 1995. The TDIU claim is remanded to consider extraschedular considerations.
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