The Veteran's service connection claims for scalenus anticus syndrome, cervical spine disorder, bilateral hammertoes, and bilateral hallux valgus were denied. An initial 20 percent rating was granted for the left shoulder disability from July 11, 2005 to March 10, 2010.
The deciding factor: The Veteran's service connection claims were reopened on new evidence, but the Board found that there was no clear and unmistakable error in denying these claims initially. The effective date for the grant of service connection for scalenus anticus syndrome (TOS) was not granted prior to July 11, 2005.
- Claimed conditions
- scalenus anticus syndrome (TOS), cervical spine disorder, bilateral hammertoes, bilateral hallux valgus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 28, 2019
- Citation
- 19166691
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19166691.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Whole decision: Granted
The Board has granted service connection for the cause of the Veteran's death, finding that side effects from prescribed medications contributed substantially and materially to his accidental motorcycle collision resulting in fatal injuries.
- Whole decision: Dismissed
The Veteran's appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Whole decision: Remanded (sent back)
The Board has determined that the VA examinations are inadequate for rating purposes and thus remands the case to obtain a new examination. The issues include determining whether bilateral hallux valgus and/or acquired pes cavus are secondary to sesamoiditis, whether there is a neurological disability of the right great toe, and whether there was a period of convalescence following the July 2022 sesamoidectomy.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.