The Board has remanded the Veteran's claims for additional development due to new VA medical records and examinations, as well as a need for another VA scars examination and another VA foot conditions examination.
The deciding factor: The AOJ needs to obtain updated VA medical records and conduct further evaluations of the Veteran's service-connected disabilities in order to properly assess his current levels of disability.
- Claimed conditions
- painful scars of the bilateral feet, left foot scar residuals status post nerve removal, right foot scar, neck scar, left hallux rigidus and valgus (previously bilateral hallux rigidus (limitus), 1st MTP joint with degenerative changes status post hammertoe correction and 1st MTP joint fusion), right hallux rigidus and valgus (previously bilateral hallux rigidus (limitus), 1st MTP joint with degenerative changes status post hammertoe correction and 1st MTP joint fusion)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2021
- Citation
- 21072550
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 21072550.
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.
- Granted
The Veteran's combined disability rating was 100% from February 6, 2006. The Veteran died in February 2020 and had been receiving a total disability rating for at least 10 years immediately preceding his death. Therefore, DIC benefits under 38 U.S.C. § 1318 are granted.
- Remanded (sent back)
The Board has decided to remand the case due to conflicting evidence regarding the severity of the Veteran's neck scar, and a new examination is needed.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Denied
The Veteran's claims for increased ratings for various radiculopathy conditions and a neck scar have been denied. The Board found that the evidence did not support higher ratings based on the current symptoms.
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