The Board has remanded the claims of entitlement to a compensable disability rating for lumbar spine surgical scars and right foot surgical scar due to additional evidence being added after the February 2020 Statement of the Case.
The deciding factor: Additional evidence was submitted after the SOC, but before certification to the Board. The AOJ must consider this evidence in issuing an SSOC.
- Claimed conditions
- lumbar spine surgical scar, posterior, lumbar spine surgical scar, anterior, right foot surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- 23064405
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 23064405.
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.
- Denied
The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not meet the criteria for hearing loss, and the initial compensable ratings for left foot and right foot surgical scars were also denied.
- Partly granted
The Board granted a 30 percent rating for bilateral plantar fasciitis but denied compensable ratings for right and left foot surgical scars.
- Denied
The Board denied increased disability evaluations for PTSD with generalized anxiety disorder, right foot hallux valgus, right foot painful scar, and right foot surgical scar. The Board also denied earlier effective dates for the awards of service connection and extensions of a temporary total rating.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis, but denied earlier effective dates and increased ratings for the other conditions.
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.