The Board has remanded the Veteran's claims for earlier effective dates due to errors in the initial rating decision and subsequent responses from the RO. The issues are now pending with the RO for issuance of a Statement of the Case.
The deciding factor: Errors in the initial rating decision and subsequent responses have led to the need for a Statement of the Case, which will allow the Veteran to respond and appeal if they choose to do so.
- Claimed conditions
- status-post fracture second metatarsal head of the right foot, right foot surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 27, 2024
- Citation
- 24009284
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 24009284.
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.
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