The Board has granted a 30 percent rating for the Veteran's right foot disability, effective December 30, 2007. However, the matter of whether an extraschedular TDIU rating is warranted based solely on the right foot disability remains pending.
The deciding factor: The schedular criteria already encompass the Veteran’s symptoms and functional limitations, making it unlikely that an extraschedular rating would be granted for this issue alone.
- Claimed conditions
- Right Fifth Metatarsal Fracture, Nerve Impingement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2020
- Citation
- 20006754
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20006754.
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.
- Denied
The Board denied a rating in excess of 10 percent for the Veteran's service-connected right fifth metatarsal fracture, finding that the condition did not more closely approximate symptoms of a moderately severe or severe foot injury.
- Granted
The Board has granted initial increased ratings of 10 percent for the Veteran's right fourth hammertoe, right fifth metatarsal fracture, and right ankle strain. These issues are remanded for further examination and rating considerations.
- Granted
The Board has determined that the Veteran's cervical DDD is related to his service-connected TBI, and thus grants secondary service connection for this condition.
- Granted
The Veteran's right foot disability, including a healed fracture of the fifth metatarsal and hammertoes and neuroma, has been manifested by reports of pain and difficulty with weight-bearing. The Board finds that a 10 percent rating is warranted for moderate residuals of the right foot injury.
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