The Veteran's appeal concerns an increased rating for her service-connected right foot disability, which includes a fracture of the third toe and surgery on the first metatarsophalangeal joint. The Board has determined that additional development is needed to determine the current severity of her condition.
The deciding factor: The Veteran testified at hearings and provided medical evidence indicating an increase in symptoms and functional limitations since the last examination, necessitating further evaluation.
- Claimed conditions
- status post fracture of the right third toe, status post right first metatarsophalangeal joint surgery with residual of hallux rigidus, post surgical numbness of the fourth and fifth toes, chronic forefoot pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 1, 2011
- Citation
- 1128476
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 1128476.
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 right foot disability was rated at 10 percent disabling from February 12, 2008, to October 30, 2008. From January 1, 2009, the rating was increased to 10 percent.
- 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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