The Board has remanded the Veteran's claims for a disability rating in excess of 30 percent for residuals of a right foot fracture to the third metatarsal and for TDIU due to service-connected disabilities. The case is being returned to the AOJ for additional development, including obtaining an adequate medical opinion regarding loss of use in the Veteran's right foot.
The deciding factor: The Board found that there was not substantial compliance with remand directives and thus required another remand to obtain an adequate medical opinion regarding loss of use in the Veteran's right foot.
- Claimed conditions
- residuals of a right foot fracture to the third metatarsal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2020
- Citation
- 20049880
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 20049880.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and procedural non-compliance. The right foot disability claim is being remanded for an updated VA examination, while the TDIU claim remains inextricably intertwined with the right foot claim.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a disability rating in excess of 30 percent for residuals of a right foot fracture to the third metatarsal and for TDIU due to service-connected disabilities. The case will be returned to the AOJ for additional development.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.