The VA reduced the Veteran's disability rating for service-connected right foot hallux rigidus from 10 percent to noncompensable effective April 1, 2021. The Board found that this reduction was improper due to a failure to address regulatory requirements and restore the original 10 percent rating.
The deciding factor: The VA failed to comply with the special due process considerations applicable to reductions of disability ratings in the January 2021 decision, which resulted in the reduction being void ab initio.
- Claimed conditions
- Right foot hallux rigidus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 29, 2024
- Citation
- A24041517
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. Read the original VA decision (opens in a new tab) using citation A24041517.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeal is dismissed as there are no issues to address regarding his service-connected conditions. The AOJ awarded an increased rating for PTSD and continued the existing ratings for left and right foot disabilities, effective September 22, 2020.
- Whole decision: Dismissed
The Veteran's appeals for a compensable rating for the right great toe scar and a 10 percent rating based on multiple, noncompensable service-connected disabilities under 38 C.F.R. � 3.324 were dismissed.,The Veteran's appeals for higher staged initial ratings for degenerative disc disease of the lumbar spine status post lumbar discectomy and entitlement to a TDIU were remanded.
- Whole decision: Granted
The Veteran's service-connected postoperative residuals of right foot surgery are granted with a 30 percent rating effective from November 13, 2006.
- Whole decision: Denied
The Veteran's bilateral foot disability, characterized by claw foot and hallux valgus, has not met the criteria for a higher rating than 30 percent.
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