The Board remands the veteran's claims for service connection for a bilateral foot disorder and a skin disorder to obtain additional evidence, including VA treatment records and non-VA treatment records from JSP.
The deciding factor: The Court found that there was an error in the notice provided to the veteran regarding lay evidence of persistent or recurrent symptoms, which may have affected the outcome of his claims. The Board is remanding for further development to ensure compliance with the VCAA and to obtain a medical nexus opinion.
- Claimed conditions
- bilateral foot disorder, skin disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2008
- Citation
- 0810885
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.
- Partly granted
The Board granted service connection for tinea pedis of the left foot and remanded claims for a bilateral foot disorder, cervical disorder, left shoulder disorder, lumbosacral disorder, right shoulder disorder, right knee disorder, left knee disorder, and eardrum disorder.
- Remanded (sent back)
The Board remands the claims for service connection for a neck disorder, hair loss, PTSD, bilateral foot disorder, bilateral arm numbness, and restless body syndrome due to pre-decisional duty to assist errors.
- Dismissed
The Board dismissed the claims for service connection for chronic lymphocytic leukemia and a skin disorder due to an improper concurrent election. The effective dates for the lumbar spine disability, left lower extremity radiculopathies, and TDIU were denied as they did not meet the criteria for earlier effective dates.
- Remanded (sent back)
The Board remands the issues of service connection for a bilateral foot disorder, an acquired psychiatric disorder, a skin disorder, and a sleep disorder, as well as an evaluation in excess of 10 percent for cystitis, due to the need for further development.
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