The Veteran's initial compensable evaluation for scars, bilateral great toes, status post bilateral nail excision is denied.,The Veteran's initial evaluation in excess of 10 percent for bell’s palsy with right facial paralysis, right eye ptosis and loss of right nasolabial fold is denied.,The Veteran's initial evaluation in excess of 10 percent for degenerative arthritis, right shoulder is remanded.,The Veteran's initial evaluation in excess of 10 percent for degenerative arthritis, lumbar spine is remanded.
The deciding factor: There are no other disabling effects not considered in a rating provided under Diagnostic Codes 7800-04 for the scars on the bilateral toes.,The Veteran's bell’s palsy with right facial paralysis, right eye ptosis and loss of right nasolabial fold does not meet the criteria for a higher rating as reflected in the September 2011 examination.,The VA examination did not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158 (2016) and Sharp v. Shulkin, 29 Vet. App. 26 (2017).,The VA examination did not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158 (2016) and Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- scars, bilateral great toes, status post bilateral nail excision, bell’s palsy with right facial paralysis, right eye ptosis and loss of right nasolabial fold, degenerative arthritis, right shoulder, degenerative arthritis, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 30, 2019
- Citation
- 19158712
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 19158712.
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.
- Granted
The Board has granted service connection for degenerative arthritis of the left and right shoulders, as well as for obstructive sleep apnea. The decision also grants service connection for degenerative arthritis of the left and right knees.
- Granted
The Board has granted an earlier effective date of December 6, 2001 for service connection for degenerative arthritis, lumbar spine based on newly associated service personnel records.
- Denied
The Veteran's service-connected conditions do not prevent him from obtaining and maintaining substantially gainful employment.
- Dismissed
The issues of service connection for degenerative arthritis, lumbar spine; right leg radiculopathy; and degenerative arthritis, cervical spine are dismissed as the Board granted service connection in a separate appeal stream.
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