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 case is being remanded for additional development, including obtaining a new VA examination by a podiatrist or orthopedic foot specialist.
The deciding factor: The Board found that the May 2017 decision failed to adequately address the potential applicability of 38 C.F.R. § 3.350 for loss of use of the foot and remanded the case for further development, including obtaining a new opinion on whether the Veteran’s remaining function could be equally well served by an amputation stump with prosthesis.
- 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 12, 2018
- Citation
- 18142102
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 18142102.
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 Veteran's bilateral pes cavus with hammer toe deformities was already rated at the highest possible schedular rating due to pre-existing disability, and further increase in rating is denied.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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