The appeal is remanded to the RO for further development and readjudication of the claims.
The deciding factor: The VA examinations from 2006 did not review the claims file, and new treatment records have been received since then, necessitating updated examinations.
- Claimed conditions
- Degenerative disc disease of the cervical spine status post C6-C7 fusion, Status post bunionectomy of the left great toe, Status post bunionectomy of the right great toe, Scar of the left foot, status post bunionectomy, Scar of the right foot, status post bunionectomy, Bilateral pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906992
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (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 0906992.
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 has determined that the Veteran's current bilateral pes planus is not service-connected due to a duty-to-assist error, and remands the case for further examination and opinion.
- Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Granted
The Board has determined that the Veteran's bilateral pes planus preexisted service and was aggravated by service, warranting a grant of service connection.
- Denied
The Veteran's bilateral pes planus with bilateral plantar fasciitis is rated at 50 percent disabling, which is the maximum schedular rating permitted for acquired flatfoot. The appeal is denied.
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