The appeal is remanded for further procedural development to ensure compliance with Vazquez-Flores v. Peake, No. 05-0355 (U.S. Vet. App. January 30, 2008).
The deciding factor: The claimant must be notified of the specific criteria required for an increased disability rating and the effect that worsening has on employment and daily life.
- Claimed conditions
- left knee tendonitis, left foot plantar fasciitis, left tibialis muscle strain, postoperative inguinal hernia scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2008
- Citation
- 0811506
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 Board remands the claims for service connection for sleep apnea, type II diabetes, diabetic peripheral neuropathy of both lower extremities, left and right knee disabilities, and left and right foot plantar fasciitis to obtain additional medical evidence.
- Partly granted
The Board denied service connection for upper chest wall pain and right sciatic radicular pain, while remanding claims for secondary service connection involving the feet, legs, and ankles.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for various conditions and denied increased ratings for several service-connected disabilities, as the evidence did not support a finding of current disability or aggravation related to service.
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