The Board has remanded the case for a new examination to address whether the Veteran's service-connected right knee disability aggravated his left foot disabilities, and to determine if any of these conditions are related to service or secondary to the right knee disability.
The deciding factor: The previous opinion lacked adequate rationale and was based on an inaccurate fact. The Board cannot rely on such opinions and must again remand for compliance with previous instructions.
- Claimed conditions
- Pes planus (claw foot), Hallux valgus, Lateral fifth toe callus, Hallux rigidus, Hammer toes (toes two to four)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2020
- Citation
- 20068887
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 remands the claim for an adequate VA examination to determine the nature and etiology of any right foot disability, including consideration of bilateral pes planus.
- Denied
The Board denied the Veteran's claim for an earlier effective date for a total disability rating due to individual unemployability (TDIU) as it was not factually ascertainable that he was unable to obtain or maintain substantially gainful employment prior to April 28, 2016.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
- Partly granted
The Board granted service connection for pes planus, hallux valgus, metatarsalgia, and foot arthritis as secondary to the Veteran's service-connected bilateral foot callosities. The Board also granted increased ratings of 30 percent for the callosities on both feet.
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