The Veteran is seeking a TDIU based on her service-connected disabilities, which include right foot and left foot hallux valgus, post-operative bunionectomy; right foot metatarsalgia, post-operative; right and left hip strain; right and left knee strain; post-operative healed left ankle fracture with ORIF; residual scars left foot/ankle, right foot; surgical scars of the right and left great toes and right foot. The Veteran asserts that her service-connected disabilities prevent her from working due to pain caused by these conditions.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU but may still be considered under 38 C.F.R. § 4.16(b) based on their impact on her ability to work.
- Claimed conditions
- right foot and left foot hallux valgus, post-operative bunionectomy, right foot metatarsalgia, post-operative, right and left hip strain, right and left knee strain, post-operative healed left ankle fracture with ORIF, residual scars left foot/ankle, right foot, surgical scars of the right and left great toes and right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2017
- Citation
- 1717292
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 1717292.
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 disabilities prevented him from obtaining and retaining substantially gainful employment since May 15, 2017.
- Remanded (sent back)
The Board has decided that the Veteran and his spouse are not eligible for benefits under the VA Program of Comprehensive Assistance for Family Caregivers (PCAFC) due to a lack of evidence showing they need personal care services from another individual. The case is being remanded to allow further development.
- Remanded (sent back)
The Board remands the claim for a refund of a VA funding fee to obtain additional records and readjudicate the decision with consideration that the Veteran was still on active duty and receiving service pay at the time of the closing of his home loan.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, irritable bowel syndrome, and right and left hip strain. It denied increased ratings for adjustment disorder with disturbances of sleep, emotions, and conduct; migraine headaches including migraine variants; lumbar spine discogenic disc disease with intervertebral disc syndrome; lower extremity radiculopathy; erectile dysfunction; and special monthly compensation based on loss of use of a creative organ.
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