The Board reopened the claim for service connection for a right foot disability due to new and material evidence, but remanded it for further development.
The deciding factor: New evidence was found that related to an unestablished fact necessary to substantiate the previously denied claim, thus allowing the reopening of the case.
- Claimed conditions
- broken right foot, right foot disability (including hammer toes, hallux valgus, malunion/nonunion of tarsal, and arthritic conditions)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- 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.
- Remanded (sent back)
The Board remands the claim for a left foot condition to satisfy a statutory duty related to the Veteran's service-connected knee conditions.
- Remanded (sent back)
The Board remands the case to obtain a more thorough medical opinion addressing whether the Veteran's left foot/toe disorders are related to her service or secondary to her service-connected left knee disability.
- Dismissed
The appeal was dismissed because the Veteran did not timely file a Board Appeal request and no good cause was shown for the late filing.
- Denied
The Board denied the Veteran's claim for service connection for right foot conditions, including hallux valgus, hallux rigidus, plantar fasciitis, and midfoot arthritis.
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