The Veteran's claim for an earlier effective date for service connection of peroneal sensory neuropathy of the right lower extremity is denied.,The Veteran's claim for a rating in excess of 30 percent for peroneal sensory neuropathy of the right lower extremity is remanded.
The deciding factor: The preexisting VA treatment records cannot be used as an informal claim to establish service connection, and since the condition was not already service connected, these records do not provide a basis for an earlier effective date.,Additional development is needed to determine whether the right foot drop documented in the record is related to the Veteran's service-connected right foot disability or a nonservice connected condition.
- Claimed conditions
- status post soft tissue contusion with bony hypertrophy in the talus, restricted ankle and forefoot motion, post resection of neuroma with hyperesthesia, dorsum, of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2024
- Citation
- 24009719
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 24009719.
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
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