The Board found that the veteran's claim for service connection was denied due to his failure to report without good cause for a scheduled May 1996 Department of Veterans Affairs examination. The decision is now overturned as clearly and unmistakably erroneous.
The deciding factor: The Board incorrectly applied the provisions of 38 C.F.R. § 3.655(b) in denying service connection, which was based on the veteran's failure to report for a scheduled VA examination without good cause.
- Claimed conditions
- bilateral foot disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 26, 2007
- Citation
- 0733849
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. Search VA.gov for the original decision (opens in a new tab) using citation 0733849.
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 appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Whole decision: Granted
The Board has granted service connection for bilateral foot disorder, right shoulder disorder, and left shoulder disorder.,Service connection is also granted for these conditions based on direct evidence of a nexus to service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a lack of a VA examination, and therefore, the claim for service connection for a bilateral foot disorder is being returned to the AOJ for further action.
- Whole decision: Dismissed
The appeal for service connection of a bilateral foot disorder is dismissed. The appeals for service connection of OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, right hip disorder, left hip disorder, and right ankle disorder are remanded.
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