The Board remands the claims for higher disability ratings for left and right foot hammer toes to allow VA to obtain additional evidence, including outstanding VA treatment records, private medical records, and a new examination.
The deciding factor: Remand is necessary due to missing or unassociated medical records and an unclear diagnosis of the Veteran's right foot hammer toes condition.
- Claimed conditions
- left foot hammer toes, right foot hammer toes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001387
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 Board denied the veteran's claims for earlier effective dates and higher ratings for various service-connected conditions, except for a few granted evaluations.
- Partly granted
The Board granted a separate 10 percent rating for right foot hammer toes but denied an increased rating in excess of 10 percent for right foot hallux valgus.
- Partly granted
The Board granted service connection for right and left foot plantar fasciitis and right foot hammer toes as secondary to pes planus, but denied service connection for a right foot disorder other than pes planus, plantar fasciitis, and hammer toes and a left foot disorder other than pes planus and plantar fasciitis.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral plantar fasciitis and hammer toes of both feet due to pre-decisional duty to assist errors by the RO.
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