The Board has remanded the Veteran's claims due to insufficient opinions regarding the etiology of his right leg disability and tinnitus.
The deciding factor: The VA examiner did not provide a clear opinion on whether the current right leg disabilities clearly and unmistakably pre-existed service or were aggravated by active duty, nor did they indicate if the disabilities are related to any in-service symptoms. The Veteran's reports of continuity of symptomatology since service need to be considered.
- Claimed conditions
- Charcot-Marie-Tooth Disease, osteoarthritis of the subtalar joint of the right foot, osteoporosis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2014
- Citation
- 1401053
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 1401053.
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.
- Granted
The Board granted service connection for Charcot-Marie-Tooth Disease, finding that the Veteran's condition started during service and continued since.
- Denied
The Veteran's right foot disability is rated at 30 percent, but no higher, prior to October 4, 2017. After that date, the Veteran does not meet the criteria for a higher rating. The claim for TDIU on a schedular basis is denied.
- Denied
The Veteran's service connection claim for Charcot-Marie-Tooth Disease was denied as the disease clearly and unmistakably pre-existed his active service. The claims for increased ratings for bilateral hearing loss and prostatitis were also denied.
- Denied
The Board denied the Veteran's claims for service connection for Charcot-Marie-Tooth Disease and bilateral talipes equinovarus, finding that both conditions are congenital diseases subject to the presumption of soundness. The presumption was not rebutted, but the Board determined that there is no clear and unmistakable evidence of aggravation beyond natural progression during service.
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