The Veteran's appeal is remanded for consideration of the recently amended criteria for rating disabilities of the musculoskeletal system, to include IVDS. The initial rating for residuals of fractures and toes in the left foot remains denied.
The deciding factor: The recent amendments to VA regulations require reconsideration of the claim under the new criteria for rating IVDS.
- Claimed conditions
- residuals, fractures, great and second toes, left foot, DDD, lumbar spine, IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2021
- Citation
- 21073044
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 21073044.
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 increased rating claims for RLE and LLE radiculopathy have been dismissed.,The Veteran's increased rating claim for lumbar spine disability has been denied.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's back conditions and her service connection claim. The VA will obtain a new opinion from a qualified examiner.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, finding that the earliest possible effective date was September 9, 2022.
- Partly granted
The Board granted earlier effective dates for service connection and a higher disability rating for the Veteran's psychiatric condition.
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