The Veteran's appeal is being remanded for additional development and consideration of his claims for increased ratings for right foot bunion/hallux valgus with arthritis, left foot status-post bunionectomy with hallux valgus and arthritis, and lumbar spine degenerative disc disease (DDD).
The deciding factor: The Board found the prior VA examinations inadequate in several respects and required additional retrospective medical comment to determine the severity of the Veteran's service-connected right foot bunion/hallux valgus with arthritis and status-post left bunionectomy with hallux valgus and arthritis conditions during all periods of the appeal, including prior to August 31, 2010. Additionally, a retrospective medical opinion on the severity of the Veteran's lumbar spine disability was required.
- Claimed conditions
- Right foot bunion/hallux valgus with arthritis, Left foot status-post bunionectomy with hallux valgus and arthritis, Lumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2022
- Citation
- 22062103
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 22062103.
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea and restored the 40 percent disability rating for lumbar spine degenerative disc disease (DDD), while denying a higher rating for migraine headaches and remanding the claim for service connection for bilateral hearing loss.
- Denied
The Board denied the claims for increased ratings for left and right knee DJD based on instability, as well as lumbar spine DDD, due to insufficient evidence of moderate or severe instability.
- Granted
The Veteran's service-connected lumbar spine degenerative disc disease (DDD) alone rendered him unable to secure and follow a substantially gainful occupation from August 19, 2019.
- Granted
The Veteran was granted initial ratings of 40 percent for lumbar spine degenerative disc disease, and 20 percent each for left and right lower extremity radiculopathy, sciatic nerve. An effective date of January 19, 2013, was also granted for a total disability rating based on individual unemployability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.