The Board has remanded the claims for an evaluation higher than 20 percent for bilateral pes cavus with hammer toe deformities and entitlement to a TDIU due to service-connected disabilities. The remand is in part because of concerns raised regarding loss of use of the feet under 38 C.F.R. § 3.350(a)(2)(i).
The deciding factor: The Board found that a new examination and opinion are needed to address whether the Veteran's bilateral pes cavus with hammer toe deformities results in 'loss of use' of either foot, as defined by VA regulations.
- Claimed conditions
- bilateral pes cavus with hammer toe deformities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2018
- Citation
- 18141602
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 18141602.
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.
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- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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