The Board has remanded the case due to insufficient explanations in the previous examination report regarding the Veteran's right foot disabilities and their relationship to service, including his contention that they were caused by running in military boots. The examiner is asked to provide a more detailed opinion on whether these conditions are related to active duty service or a service-connected condition.
The deciding factor: The Board found the previous examination report insufficient due to lack of rationale for etiology and failure to address evidence provided, including studies linking boot use to orthopedic injuries.
- Claimed conditions
- hammer toe, peroneal enthesitis, capsulitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000815
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.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
- Denied
The Board has denied the Veteran's claims for initial compensable ratings for hallux valgus of both feet and hammer toe disabilities affecting toes 2 and 3 on each foot, finding that the evidence does not meet the criteria for a higher rating under VA's rating schedule.
- Granted
The Veteran's bilateral hammer toe with corns and hallux valgus have been granted increased ratings of 20 percent each, effective December 20, 2011.,Effective October 25, 2011, the Veteran is entitled to a noncompensable rating for his hallux valgus in both feet.
- Granted
The Veteran's left and right foot disorders are each granted a disability rating of 30 percent.
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