The Veteran's right foot disability is granted with a 20% rating. The claims for higher initial ratings for cerebellar tonsillar ectopia, service connection for acute strain of the right ankle, and service connection for shingles are REMANDED.
The deciding factor: The evidence does not support a higher rating than 20% for the Veteran's right foot disability due to moderate symptoms. The claims for cerebellar tonsillar ectopia, right ankle, and shingles require additional examination and opinion regarding service connection.
- Claimed conditions
- Fifth Metatarsal Fracture with Degenerative Arthritis of the Right Foot, Cerebellar Tonsillar Ectopia (now rated as Traumatic Brain Injury), Acute Strain of the Right Ankle, Shingles
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2024
- Citation
- A24071684
Veterans Law Judge
Decisions by this judge: 869 · Granted: 29% (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 A24071684.
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.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to incomplete records and need for additional development. The issues include knee conditions, shingles, diabetes mellitus, peripheral neuropathy of the legs, and sleep apnea.
- Denied
The Veteran's appeals for increased ratings for carpal tunnel syndrome in the right and left wrist, as well as his request for an initial compensable disability rating for shingles, were denied. The Veteran withdrew his appeal regarding the shingles claim during a hearing before the Board of Veterans' Appeals.
- Dismissed
The Board has dismissed the appeals of service connection for allergic rhinitis, shingles, and tension headaches. The claims for left foot arthritis, chest pain (costochondritis), cervical spine disability, thoracolumbar spine disability, left knee disability, left ankle disability, and left heel spur are remanded.
- Denied
The Board has determined that there is no probative evidence linking any post-service disorder of the ears to the Veteran's military service, including as a residual of a cold injury experienced during active duty. Therefore, the claim for service connection for a bilateral ear disorder, to include as the residual of a cold injury to the ears, is denied.
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