The Board has remanded the Veteran's claims for service connection due to new and relevant evidence submitted after the October 2018 rating decision. The issues of service connection for left foot condition, right foot condition, low back pain, radiculopathy of the lower extremities, and left ankle are all being remanded as there were duty-to-assist errors prior to the October 2018 rating decision.
The deciding factor: The Board found that new evidence was submitted after the October 2018 rating decision warranting readjudication of the claims for service connection. The duty-to-assist errors in obtaining medical opinions and examination reports are noted as reasons for remanding these issues.
- Claimed conditions
- left foot condition (pes planus also claimed as flat feet), right foot condition (pes planus, also claimed as flat feet), low back pain, radiculopathy left lower extremity as secondary to low back pain, radiculopathy right lower extremity as secondary to low back pain, left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 12, 2019
- Citation
- A19000847
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 A19000847.
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.
- Dismissed
The appeals for service connection and initial ratings were dismissed due to an untimely Notice of Disagreement (NOD) being filed more than one year after the November 2022 rating decision.
- Dismissed
The appeal for service connection for a lumbar spine disability was dismissed due to the untimely filing of the Notice of Disagreement.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
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