The Veteran's left foot condition is currently rated at 30 percent, which is the maximum rating under Diagnostic Code 5284. The Veteran does not meet the criteria for a higher rating as her symptoms do not result in actual loss of use of the foot.,For the period prior to August 6, 2019, the Veteran's lower back disability is rated at 20 percent based on forward flexion being greater than 30 degrees but not more than 60 degrees. After August 6, 2019, her disability is rated at 40 percent due to limited range of motion.
The deciding factor: The Veteran's left foot condition does not meet the criteria for a higher rating as there is no actual loss of use of the foot and the current assigned rating of 30 percent is the maximum schedular rating under Diagnostic Code 5284.,For the period prior to August 6, 2019, the Veteran's lower back disability meets the criteria for a 20 percent rating based on forward flexion being greater than 30 degrees but not more than 60 degrees. After August 6, 2019, her disability is rated at 40 percent due to limited range of motion.
- Claimed conditions
- {"condition_name":"left foot condition"}, {"condition_name":"lower back disability"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2020
- Citation
- 20080121
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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