The Board dismissed the petition to reopen a claim of entitlement to service connection for scoliosis based on the receipt of new and material evidence. The claims for left leg numbness and tingling, right leg numbness and tingling, left foot plantar fasciitis, right foot plantar fasciitis, right restless leg syndrome, left restless leg syndrome, and thoracolumbar spine degenerative joint/disc disease are remanded for additional development.
The deciding factor: The claims were remanded due to the addition of new VA treatment records since the most recent Statement of the Case in October 2014, which were not reviewed by the AOJ. Additionally, a VA examination was needed as the January 2012 VA examination was deemed inadequate.
- Claimed conditions
- scoliosis, left leg numbness and tingling, right leg numbness and tingling, left foot plantar fasciitis, right foot plantar fasciitis, right restless leg syndrome, left restless leg syndrome, thoracolumbar spine degenerative joint/disc disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101325
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 various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- 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.
- Granted
The Board granted service connection for right and left restless leg syndrome as secondary to the Veteran's service-connected lumbar disability.
- 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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.