The Veteran's right foot onychomycosis is not service-connected as it is not related to his active duty service or his service-connected right knee conditions.,The Veteran's right knee instability warrants a rating of 30 percent, and higher ratings are precluded due to the amputation rule.,For the period prior to October 1, 2018, the Veteran's right lower extremity radiculopathy does not warrant a rating in excess of 20 percent.,Beginning October 1, 2018, the Veteran's right lower extremity radiculopathy warrants a rating of 20 percent and higher ratings are precluded due to the amputation rule.,The Veteran is eligible for specially adapted housing but not for special home adaptation grant.
The deciding factor: The evidence does not support a finding that the Veteran's right foot onychomycosis is etiologically related to his active duty service or his service-connected right knee conditions. The examiner opined that it was less likely than not caused by these conditions.,The Veteran's right knee instability has resulted in a combined rating of 60 percent for his right knee conditions and an 80 percent rating for his right lower extremity conditions, which precludes higher ratings based on the amputation rule.,For the period prior to October 1, 2018, the Veteran's right lower extremity radiculopathy did not meet the criteria for a higher rating as it did not approximate moderately severe or severe incomplete paralysis or complete paralysis.,Beginning October 1, 2018, the Veteran's right lower extremity radiculopathy met the criteria for a higher rating of 20 percent and precluded any further increase due to the amputation rule.,The Veteran's overall disability results in the loss or loss of use of his lower extremities, which affects the functions of balance and propulsion as to preclude locomotion without the aid of a walker, cane, or wheelchair.
- Claimed conditions
- Right foot onychomycosis, Sleep apnea, Psychiatric conditions
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2023
- Citation
- 23055376
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 23055376.
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 remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is caused or aggravated by his service-connected musculoskeletal disabilities and obesity. The AOJ will need to provide a VA examination to clarify these issues.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
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