The Board has determined that the Veteran's right foot disability, including hammer toes, pes cavus, and recurrent fracture of the fifth metatarsal, may be related to his active service. However, due to the complexity of the medical issue, an independent medical expert is needed to provide a definitive opinion on whether the Veteran's current condition was caused or aggravated by VA care during February 2008 surgery.
The deciding factor: The Board found that the right foot disability may be related to service but requires further evaluation due to the complexity of the case and potential for negligence in VA care.
- Claimed conditions
- hammer toes, pes cavus, recurrent fracture of the fifth metatarsal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2019
- Citation
- 19144087
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 Board denied service connection for pes planus with hallux valgus, metatarsalgia, and hammer toes as the evidence did not support a finding that these conditions were incurred or aggravated during active service.
- 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.
- Partly granted
The Board granted an increased rating of 20 percent for bilateral plantar warts but denied a higher rating for PTSD. The claims for service connection for right maxillary neurofibroma, COPD, and hammer toes were reopened.
- Partly granted
The appeal for an increased rating was denied, but the effective date for TDIU was granted as January 2, 2016.
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