The Veteran's appeal is remanded due to a pre-decisional duty to assist error regarding her entitlement to a temporary total rating under 38 C.F.R. § 4.30 for convalescence following a February 28, 2020, surgical procedure for service-connected right foot status post bunionectomy with hallux rigidus.
The deciding factor: The Board finds that the pre-decisional duty to assist error was not addressed in the September 2020 Rating Decision on appeal and remands the matter to obtain a retrospective VA opinion from an examiner to determine if the Veteran's February 28, 2020, right foot surgery necessitated at least one month of convalescence.
- Claimed conditions
- right foot status post bunionectomy with hallux rigidus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2024
- Citation
- A24022002
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 A24022002.
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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