The Veteran's claim for a compensable disability rating for his scar secondary to service-connected right hammer toes, status post-surgical repair, is denied. The Board finds that the evidence does not show that the Veteran’s scar covers an area of 144 square inches or more, is associated with underlying soft tissue damage and covers an area of 6 square inches or more, is painful, or is unstable.,The Veteran's claim for an earlier effective date for his bilateral metatarsalgia is denied. The Board finds that the evidence does not show that the Veteran had bilateral metatarsalgia until he filed a claim in May 2012.
The deciding factor: The Veteran’s scar secondary to service-connected right hammer toes, status post-surgical repair, did not meet the criteria for a compensable disability rating as it was not found to be painful or unstable and did not cover an area of 6 square inches or more.,The Veteran filed his first claim for bilateral metatarsalgia in May 2012. The Board determined that this claim should have been considered earlier, but the evidence does not show that the Veteran had bilateral metatarsalgia until he filed a claim in May 2012.
- Claimed conditions
- {"condition_name":"scar secondary to service-connected right hammer toes, status post-surgical repair"}, {"condition_name":"bilateral metatarsalgia","additional_info":"also known as hammer toe or hammertoe condition in the left and right feet"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19142422
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
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