The Board has determined that the March 2009 rating decision contained clear and unmistakable error in assigning a 10 percent evaluation for status post bunionectomy right toe, effective March 18, 1997. The appeal is denied. The Veteran's PTSD reduction from 100% to 50% was remanded due to procedural issues. A remand is also required for an increased rating for PTSD prior to December 12, 2008.
The deciding factor: The March 2009 rating decision contained clear and unmistakable error in assigning a 10 percent evaluation for status post bunionectomy right toe, effective March 18, 1997.
- Claimed conditions
- status post bunionectomy right toe, posttraumatic stress syndrome (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 24, 2020
- Citation
- 20062966
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. Read the original VA decision (opens in a new tab) using citation 20062966.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for posttraumatic stress syndrome (PTSD) due to the evidence being in equipoise as to whether PTSD is due to active service.
- Granted
The veteran's service-connected disabilities, including PTSD, asthma, bilateral hearing loss, and tinnitus, have rendered him unable to secure or follow a substantially gainful occupation. Therefore, the Board has granted a total disability rating based on individual unemployability (TDIU).
- Dismissed
The Veteran withdrew his appeal, leaving only the evaluation of sleep apnea. The appeal for PTSD was withdrawn separately.
- Granted
The Veteran's non-VA emergency care for appendicitis was reimbursed as she had utilized VA healthcare in the previous 24 months, and her claim is granted.
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