The Board has ordered a remand for an opinion that complies with the January 2015 remand and November 2018 Joint Motion for Remand (JMR). The Veteran's claim will be remanded to obtain an addendum opinion regarding the etiology of his bilateral pes planus, bilateral foot arthritis, hallux valgus of the left foot, heel spur of the left foot, and bilateral Achilles calcaneal enthesophyte.
The deciding factor: The Board has ordered a remand for compliance with prior remand directives and the November 2018 Court order granting the JMR from that same month.
- Claimed conditions
- Bilateral pes planus, Bilateral foot arthritis, Hallux valgus of the left foot, Heel spur of the left foot, Bilateral Achilles calcaneal enthesophyte
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2019
- Citation
- 19142275
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 earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Partly granted
The Veteran's service connection claim for an acquired psychiatric disorder, to include alcohol use disorder, unspecified depressive disorder with anxious distress, and PTSD was granted. Other claims for various conditions were denied.
- Remanded (sent back)
The Board remands the claim for an adequate VA examination to determine the nature and etiology of any right foot disability, including consideration of bilateral pes planus.
- Denied
The Board denied the Veteran's claim for an earlier effective date for a total disability rating due to individual unemployability (TDIU) as it was not factually ascertainable that he was unable to obtain or maintain substantially gainful employment prior to April 28, 2016.
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