The Board has remanded the case due to insufficient evidence regarding whether the Veteran's left leg disability, including fibular head fracture and/or knee disability, is secondary to his service-connected bilateral pes planus. The VA examiner must provide an opinion on both causation (whether it was caused by) and aggravation (whether it was permanently worsened beyond natural progression due to) the service-connected condition.
The deciding factor: The Board found that there were insufficient opinions regarding whether the Veteran's left leg disability, including fibular head fracture and/or knee disability, is secondary to his service-connected bilateral pes planus. The VA examiner must provide an opinion on both causation (whether it was caused by) and aggravation (whether it was permanently worsened beyond natural progression due to) the service-connected condition.
- Claimed conditions
- left fibular head fracture, knee disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19101117
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.
- Denied
The Board denied the Veteran's claims for compensation under 38 U.S.C. §1151 for various disabilities due to treatment at a VAMC in April 2007, finding no evidence of additional disability caused by carelessness or negligence on VA's part.
- Remanded (sent back)
The Board remands the claims for service connection for a back disability and knee disability due to missing service records.
- Denied
The Board denied service connection for arm, knee, migraine, and bilateral foot disabilities as well as higher ratings for various conditions due to a lack of evidence supporting the claims.
- Remanded (sent back)
The Board remands the claims for service connection for various upper extremity, foot, and knee disabilities due to a need for additional medical evidence.
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