The Board has remanded the Veteran's claims for cervical disc disease as secondary to hallux rigidus and TDIU due to service-connected disabilities. The case will be returned for further development, including an addendum VA examination regarding the relationship between the conditions and a VA examination assessing the impact of his combined disabilities on employment.
The deciding factor: The Board found that additional development is necessary as there was insufficient information in the previous examination report to address both causation and aggravation of the nonservice-connected cervical disc disease by the service-connected hallux rigidus. The TDIU claim may also be affected by a potential grant of secondary service connection for cervical disc disease.
- Claimed conditions
- cervical disc disease, hallux rigidus
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102668
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.
- Remanded (sent back)
The Board remands the appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- Denied
The Board denied the Veteran's claim for service connection for right foot conditions, including hallux valgus, hallux rigidus, plantar fasciitis, and midfoot arthritis.
- Partly granted
The Board granted a noncompensable rating for hammer toes, a 10 percent rating for right foot arthritis, and temporary total evaluations for surgery associated with the service-connected conditions. The higher initial disability rating for hallux valgus and hallux rigidus was denied.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for right foot deterioration and service connection for secondary right foot disabilities to correct a pre-decisional error by the agency of original jurisdiction.
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