The Veteran's callosities, both feet, are currently rated as 10 percent disabling. The Board has determined that a higher rating of 40 percent is warranted due to the presence of five or more painful and unstable scars (callosities). However, the claim for TDIU remains pending as notification was not provided in compliance with 38 U.S.C. § 5103(a) and 38 C.F.R. § 3.159(b).
The deciding factor: The Veteran has five or more painful callosities on both feet, which meet the criteria for a 40 percent rating under DC 7804.
- Claimed conditions
- callosities, both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 8, 2019
- Citation
- 19101479
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 claims for an earlier effective date for service connection of hammer toes and callosities, left foot and right foot are denied as the claim was not pending prior to February 27, 2006.
- Remanded (sent back)
The Board has decided to remand the case due to missing private medical records, particularly those from Millennium Home Health related to home health and skilled nursing care for the Veteran's feet. The VA will attempt to obtain these records and consider their impact on the evaluation of the service-connected disability.
- Granted
The Board has granted a separate 10 percent rating for callosities of the left foot and right foot, finding that the veteran's painful callus formations meet the criteria under Diagnostic Code 7804.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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