The Veteran's initial rating for loss of use of the right foot prior to May 7, 2012 was granted at 40 percent. The rating in excess of 40 percent from May 7, 2012 is denied. Service connection for low back condition and right knee conditions are remanded.
The deciding factor: The Veteran's foot drop condition has been consistently rated as 40 percent disabling throughout the appeal period.
- Claimed conditions
- Loss of use of right foot due to foot drop, Low back condition, Right knee condition, Left knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2019
- Citation
- 19172392
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 19172392.
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 the Veteran's right knee condition as secondary to his service-connected right ankle condition.
- Granted
The Board has granted service connection for a low back condition and right shoulder rotator cuff strain, finding that the Veteran's current conditions are at least as likely as not related to his military service.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Remanded (sent back)
The Board has remanded the claims of service connection for psychiatric disorder, right shoulder condition, and right knee condition due to duty-to-assist errors.
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