The Veteran's appeal for a higher rating for left foot metatarsalgia is denied as he is already receiving the maximum schedular rating.,Service connection for tuberculosis is denied because there is no current diagnosis of tuberculosis and the PPD test result does not constitute a disability for VA compensation purposes.,An earlier effective date for a 60 percent rating for genital herpes is denied due to untimely filing of a notice of disagreement.
The deciding factor: The Veteran's left foot metatarsalgia condition has been rated as the highest possible under the applicable diagnostic code, and there are no additional symptoms or functional impairments that would warrant an increase in rating.,A positive PPD skin test does not constitute a current disability for VA compensation purposes. The absence of tuberculosis diagnosis means service connection cannot be established.,The Veteran failed to file a timely notice of disagreement regarding the effective date for his genital herpes rating, which is why it remains at 60 percent.
- Claimed conditions
- left first metatarsophalangeal joint capsulitis, intradermal purified protein derivative (PPD) test positive for tuberculosis, genital herpes
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2024
- Citation
- 24003922
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (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 24003922.
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 claim for a higher rating for genital herpes is denied as the highest schedular rating of 60% has been achieved. The claim for TDIU based on service-connected disabilities is also denied due to the presence of other service-connected conditions and the fact that the Veteran does not meet the criteria for a combined 100% disability rating.
- Partly granted
Entitlement to an effective date prior to April 30, 2013 for the award of service connection for eczema is denied.,Entitlement to a TDIU from January 28, 2015 to May 26, 2017 is granted, subject to the laws and regulations governing the award of monetary benefits. Entitlement to a TDIU prior to January 28, 2015 is denied.,Entitlement to SMC at the housebound rate from January 28, 2015 to May 26, 2017 is granted, subject to the laws and regulations governing the award of monetary benefits.
- Remanded (sent back)
The Veteran is already receiving TDIU benefits from November 17, 2015. The Board finds that he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to March 21, 2013.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for genital herpes, specifically due to unclear duty status during critical periods.
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