The Board has determined that the Regional Office (RO) committed a pre-decisional duty to assist error and the Veteran's claim for service connection for left great toe disorder must be remanded.
The deciding factor: The examiner did not provide any discussion of whether service in the time between the Veteran's injury and current symptoms could have aggravated his left toe disorder beyond its natural course, leading to a pre-decisional duty to assist error.
- Claimed conditions
- left great toe disorder, hallux rigidus
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2022
- Citation
- A22021632
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 A22021632.
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.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding the preexistence and aggravation of foot disabilities during service.
- Remanded (sent back)
The Board has remanded the case due to an internal inconsistency in a June 2022 examination report, which inadequately addressed the Veteran's left foot condition. The Veteran needs to be examined again to assess his functional loss during flare-ups and with repetitive use over time.
- Granted
The Board has granted service connection for hallux limitus, left foot post cheilectomy first metatarsophalangeal joint claimed as left foot, big toe degenerative arthritis and left foot, big toe disability. The evidence shows the Veteran's current conditions are at least as likely as not incurred in or caused by his military service.
- Granted
The Board has granted service connection for bilateral foot condition, including pes planus, hallux rigidus, plantar fasciitis, hammertoes, and arthritis. The Veteran's preexisting pes planus was aggravated by his military service.
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