The Veteran's right foot disability and surgical scars are currently rated as 10 percent for the entire period on appeal. The Board has remanded the case due to additional development needed.
The deciding factor: The evidence is in equipoise regarding the severity of the Veteran's symptoms, including pain and functional impairment, but does not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Fracture of 2nd through 5th metatarsal bones, right foot, Right foot surgical scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2021
- Citation
- 21070089
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 21070089.
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.
- Dismissed
The Veteran's appeals for increased ratings have been withdrawn, and the cases are dismissed.
- Remanded (sent back)
The Board has determined that additional development is needed to determine the nature and etiology of any right foot disorder, right shoulder disorder, right-sided hernia, right foot surgical scars, and right lower extremity nerve disorder. The Veteran's claims are being remanded for further action.
- Granted
The Veteran's right foot scars were rated as non-compensable prior to March 13, 2017. After the surgeries on March 13, 2017, his scars are now rated at 10 percent.
- 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.
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