The Board has remanded the claims for an effective date prior to September 3, 1997 for the awards of TDIU and DEA benefits due to service-connected disabilities. The case will be referred back to the Director of Compensation Service for a determination on whether an extraschedular award based on TDIU is warranted.
The deciding factor: The claims are remanded because the effective dates assigned were not supported by adequate evidence, specifically requiring a vocational expert opinion regarding the Veteran's employment capacity prior to September 3, 1997.
- Claimed conditions
- bilateral claw feet with tarsal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2018
- Citation
- 18117584
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 18117584.
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 Veteran's claim for an initial rating higher than 50 percent for bilateral claw feet with tarsal tunnel syndrome on an extraschedular basis, finding that the schedular criteria adequately described his disability. The issue of service connection for a cervical spine disorder was also addressed and found to be denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete VA medical opinions and referral of the issue of an extraschedular rating for bilateral claw feet with tarsal tunnel syndrome to the Under Secretary for Benefits or Director of Compensation and Pension Service. The Veteran is also required to undergo further examination regarding his cervical spine disorder and bilateral shoulder disorder as secondary to service-connected lumbar degenerative disc disease and/or claw feet.
- Granted
The Veteran's cervical spine disorder is not service-connected and was not caused by his service-connected bilateral claw feet. The non-healing neuropathic plantar ulcer, right first toe, status post partial amputation, is service-connected as secondary to the service-connected bilateral claw feet. Bilateral ankle instability is also service-connected as secondary to the service-connected bilateral claw feet.
- 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.
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