The Veteran's appeal is being remanded due to a duty to assist error. The issues of entitlement to an initial compensable disability rating for right foot hammer toes, service connection for left foot hammer toes, and service connection for bilateral plantar fasciitis are being addressed.
The deciding factor: There was an inadequate examination during the October 2018 VA examination which did not include a hands-on evaluation of the Veteran's feet. The Veteran argues that no actual physical examination was conducted.
- Claimed conditions
- right foot hammer toes, left foot hammer toes, bilateral plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- A19002031
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.
- Granted
The Board granted a separate rating of 10 percent for bilateral plantar fasciitis effective February 1, 2023.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as higher levels of special monthly compensation.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.