The Board has remanded this case due to the need for a VA examination to determine if the Veteran has loss of use of his right foot, which is required for special monthly compensation (SMC).
The deciding factor: The decision was remanded because the Veteran needs an evaluation to determine whether he has loss of use of his right foot.
- Claimed conditions
- Loss of use of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 13, 2019
- Citation
- 19136751
Veterans Law Judge
Decisions by this judge: 1,612 · Granted: 16% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19136751.
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 claims for special monthly compensation due to loss of use of the hands and feet, as the AOJ failed to consider these issues in the Veteran's increased rating claims.
- Denied
The Veteran's claim for a higher rating for her right foot/ankle disability and scars was denied. She is currently rated at 40 percent for the disability, effective from December 18, 2011.,For the period prior to April 30, 2012, she was not granted an initial compensable rating for her right foot/ankle scars.
- Denied
The Veteran's appeal for a higher rating for his right foot disability and TDIU prior to June 30, 2008 was denied. The Board found that the Veteran's symptoms were fully encompassed by the current 40 percent rating under DC 5167.
- Denied
The Board found that the June 1954 rating decision terminating SMC for loss of use of the right foot was not the product of clear and unmistakable error (CUE). The Veteran's contentions were based on his belief that he had loss of use of the right foot, but the evidence at the time did not support this conclusion.
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