The Veteran's appeal is remanded to determine if there was clear and unmistakable error in the May 1991 rating decision that did not assign a separate rating for osteomyelitis, and whether he should be granted a separate rating under Diagnostic Code 5000.
The deciding factor: The VA needs to clarify the status of the Veteran's osteomyelitis at the time of the March 1991 VA examination to determine if it was in active or inactive status.
- Claimed conditions
- status post bunionectomy first metatarsophalangeal, hallux limitus, degenerative joint disease, history of osteomyelitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- A20015487
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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