The Board has denied service connection for a right foot disability and bilateral shin splints. The TDIU claim is being remanded as the Veteran does not meet the percentage standards set forth in VA's rating schedule but may be eligible for an extraschedular rating.
The deciding factor: The Veteran's application for TDIU was submitted after she received service connection for other disabilities, and her current disability ratings do not meet the required percentage standards to warrant a TDIU. However, the claim is being remanded as VA must ensure that it has considered an extraschedular rating under 38 C.F.R. § 4.16(b).
- Claimed conditions
- Right Foot Disability, Bilateral Shin Splints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2021
- Citation
- 21077141
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 21077141.
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 Board has granted service connection for a right foot disability, finding that the evidence is at least approximately evenly balanced as to whether the Veteran's post-service disability was incurred in service.
- Remanded (sent back)
The Board has remanded the claims for service connection for right foot, hip, and knee disabilities due to a pre-decisional duty to assist error in not obtaining opinions on causation or aggravation.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Denied
The Veteran's lumbar spine disability is rated at 40 percent, and his left and right foot disabilities are each rated at 10 percent. The appeals for increased ratings have been denied.
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