The Board has remanded three issues: a rating in excess of 10 percent for left hallux valgus, a rating in excess of 10 percent for right hallux valgus, and an effective date prior to November 30, 2009, for the award of service connection for residual sensory and motor deficit in the upper left extremity related to the left shoulder injury. The issues are pending at the RO.
The deciding factor: The remand is due to concerns raised by the Court regarding whether the Veteran's multiple foot diagnoses could be rated separately under VA regulations, as well as the need for additional evidence regarding neurological manifestations of a left brachial plexus injury.
- Claimed conditions
- left hallux valgus, right hallux valgus, residual sensory and motor deficit in the upper left extremity related to the left shoulder injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129384
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.
- Partly granted
The Board readjudicated the claim for service connection for bilateral plantar fasciitis based on new and relevant evidence, while denying service connection for bilateral pes planus. Other claims were remanded.
- Granted
The Board granted service connection for right and left hallux valgus, right and left femoral acetabular impingement syndrome, right knee degenerative arthritis, left knee strain, cervical strain, right shoulder strain, and dyspnea as secondary to the Veteran's service-connected degenerative arthritis of the spine and sleep apnea.
- Denied
The Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Partly granted
The Board granted a 70 percent rating for PTSD with AUD, effective June 4, 2020, and also granted service connection for GERD, hypertension (HT), and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected PTSD.
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.