The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The issues of entitlement to an extraschedular rating for bilateral pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus prior to September 11, 2015, and in excess of 50 percent thereafter, and entitlement to TDIU are also remanded.
The deciding factor: The Board found that the relevant schedular criteria adequately described the Veteran's symptoms and failed to address certain evidence regarding his bilateral tenderness in the Achilles tendons and sinus tarsi of the left foot, as well as medication effects on his ability to work. The Board also declined to refer the issue of entitlement to a higher rating for bilateral pes planus with hammertoes, Morton's metatarsalgia, and right hallux rigidus prior to September 11, 2015, and in excess of 50 percent thereafter, for extraschedular consideration.
- Claimed conditions
- bilateral pes planus, hammertoes, Morton's metatarsalgia, right hallux rigidus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2017
- Citation
- 1742629
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 1742629.
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.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Denied
The Veteran's hypertension, bilateral pes planus, PTSD, and anxiety were all denied as service connection was not established based on the evidence of record.,Bilateral pes planus was denied due to lack of current diagnosis.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
- Denied
The Veteran's bilateral pes planus is rated at 30 percent, which does not meet the criteria for a higher rating. The Board denied his claim for a higher rating as his pes planus did not result in pronounced flatfoot with marked pronation, extreme tenderness of plantar surfaces of the feet, or marked inward displacement and severe spasm of the Achilles' tendon on manipulation. For TDIU, the Veteran was granted from March 2, 2019, based on his service-connected disabilities rendering him unable to obtain and follow a substantially gainful occupation.
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