The Board has reopened the Veteran's claim for service connection for left and right leg conditions due to new evidence submitted, but remanded the case for further development including a VA examination.
The deciding factor: New evidence was presented that relates to an unestablished fact necessary to substantiate the claim (details regarding current diagnoses), raising a reasonable possibility of substantiating the claim.
- Claimed conditions
- left knee arthritis, right leg pain (stress fracture in the right tibia), pes planus, shin splint syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19104900
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.
- Partly granted
The Board denied increased ratings for the Veteran's back, right ring finger, and left foot hallux valgus disabilities but granted an initial 30 percent rating for pes planus from August 17, 2021, a 50 percent rating for pes planus from December 15, 2023, and a separate 10 percent rating for bilateral plantar fasciitis from August 17, 2021.
- Remanded (sent back)
The Board remands the claim for a left foot disability to correct a pre-decisional duty to assist error, specifically regarding an inadequate October 2024 VA examination.
- Denied
The Board denied service connection for pes planus, bilateral degenerative changes of the feet, bilateral hammertoe deformity, bilateral foot ulcers, and onychomycosis as there was no evidence to support an increase in severity during active service.
- Partly granted
The Board granted service connection for left knee arthritis, right knee arthritis, and tinnitus. The increased evaluation claim for pes planus was denied, as was the increase in rating for the right wrist fracture. The reduction of the right wrist rating from 10 percent to 0 percent was found improper, restoring the 10 percent rating.
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