The Board has remanded the cases for additional development due to concerns about the sufficiency of the VA examinations and the need to consider new lay evidence.
The deciding factor: The VA examinations did not adequately address the threshold issue of whether the Veteran's preexisting foot condition was aggravated by service, and there is new lay evidence that should be considered.
- Claimed conditions
- back disability, bilateral flat feet, lung condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2019
- Citation
- 19191042
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19191042.
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The Veteran's appeals for service connection were dismissed due to untimely filing of the Board Appeal requests.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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