The Board has determined that new and material evidence has been received to reopen the Veteran's right great toe claim, but the preponderance of the evidence is against finding any residuals from a right great toe fracture or related disability. The acquired psychiatric disorder claims are also denied as there is no evidence linking these conditions to service.
The deciding factor: The VA examiner found that the Veteran's current right foot complaints were not caused by his active service, and the preponderance of the evidence does not support any other etiology for his claimed disabilities.
- Claimed conditions
- Right great toe fracture, Acquired psychiatric disorder (including PTSD, MDD, and anxiety disorder NOS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 4, 2013
- Citation
- 1328181
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 1328181.
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: Denied
The Veteran's right foot disability, specifically the residuals of a right great toe fracture, is rated at 10 percent and denied for a higher rating.
- Whole decision: Remanded (sent back)
The Veteran's appeal for an increased evaluation in excess of 30 percent for residuals of right great toe fracture is denied.,Service connection for right ear hearing loss condition and left ear hearing loss condition are both remanded due to insufficient evidence regarding the presence or aggravation of these conditions during service.,Service connection for tinnitus is also remanded as there was no opinion on its relation to service.
- Whole decision: Denied
The Veteran's right great toe fracture is rated at 10 percent, and the Board denied an increased rating as his condition does not meet criteria for a higher evaluation.
- Whole decision: Remanded (sent back)
The Veteran's appeal is remanded for further development, including a new VA examination and completion of the Veteran's TDIU application.
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