The Veteran's left and right foot hammertoes are granted a 10% disability rating. The claim for service connection of major depressive disorder with psychological dependence is remanded due to insufficient evidence. The claim for scoliosis is also remanded as the nature and etiology need further clarification.
The deciding factor: The decision on the Veteran's foot hammertoes was based on new evidence that reopened his previously denied claim, leading to a 10% disability rating. For major depressive disorder with psychological dependence and scoliosis, additional medical opinions are needed due to insufficient information in the record.
- Claimed conditions
- left foot hammertoes, right foot hammertoes, major depressive disorder with psychological dependence, scoliosis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2018
- Citation
- 18123741
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 18123741.
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 service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
- Dismissed
The Veteran's appeals for increased evaluation of unspecified depressive and anxiety disorder, service connection for scoliosis, and costochondritis are dismissed.
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