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.
The deciding factor: The decision was not clear on whether there was effective function remaining in the Veteran's right foot other than what would be equally well served by amputation with a prosthesis. The Board requested an updated medical opinion to address this issue.
- 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
- December 7, 2020
- Citation
- 20077272
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 20077272.
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 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.
- 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.
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