The Veteran's claim for an initial compensable disability rating for peroneal tendinitis of the right foot was previously remanded by the Board in June 2012. The case was again remanded by the Board in February 2018 due to inadequate examination, and a new examination is required.
The deciding factor: The Board found that the June 2018 VA examination report did not include necessary testing for pain on both active and passive motion, as well as information regarding severity, frequency, and duration of flare-ups. The examiner also did not provide an estimate of additional loss of range of motion during a flare-up.
- Claimed conditions
- peroneal tendinitis/hallux valgus right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2019
- Citation
- 19177981
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.
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- Granted
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