The Board has remanded the case due to inadequate development of records from the Veteran's service in the Army National Guard and as a reserve of the Army. The AOJ is instructed to obtain these records, make a formal finding if they do not exist, and obtain new etiology opinions for the left ankle and arch conditions.
The deciding factor: The Board found that the April 2019 VA examinations were inadequate due to the absence of contemporaneous medical records and insufficient consideration of the Veteran's lay statements regarding his in-service injuries.
- Claimed conditions
- left ankle, left arch
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19179732
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 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.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right knee, and left knee as secondary to the service-connected right ankle due to a lack of development by the AOJ.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hearing loss and granted an effective date of August 5, 2021, for the award of service connection for chronic sinusitis. The claims for increased ratings and additional service connection were also denied or remanded.
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