The Veteran's claim for service connection for a broken right foot was previously denied, but new and material evidence has been received. The Board finds that the claim may be reopened. However, further medical opinion is needed to determine if his current right foot disabilities are related to service.
The deciding factor: An addendum medical opinion is needed to address whether the Veteran's current right foot disabilities are related to service.
- Claimed conditions
- Broken right foot, Hammer toes, Hallux valgus, Malunion/nonunion of tarsal, Arthritic conditions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000223
Veterans Law Judge
Decisions by this judge: 915 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000223.
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 increased ratings and service connection were denied. The right knee disability was not rated higher than 10 percent, the right knee scar did not meet criteria for a compensable rating, and there was no evidence of left forearm or right forearm disorders. Service connection was denied for right shoulder disorder, lumbar spine disorder, and right foot disorders (flat foot, hallux valgus, hammer toe). Tinnitus was presumed to have been incurred in service.
- Remanded (sent back)
The Board remands the claim for an adequate VA examination to determine the nature and etiology of any right foot disability, including consideration of bilateral pes planus.
- Denied
The Board denied the Veteran's claim for an earlier effective date for a total disability rating due to individual unemployability (TDIU) as it was not factually ascertainable that he was unable to obtain or maintain substantially gainful employment prior to April 28, 2016.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
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