The Board has decided to remand the Veteran's claims for service connection for bilateral foot osteoarthritis due to insufficient reasoning in the previous decision regarding the relationship between his current conditions and his service-connected left little toe fracture.
The deciding factor: The Court found that the Board erroneously relied on a January 2018 opinion considering the 'permanently worsening' aggravation standard for secondary service connection, which was overturned by Ward v. Wilkie.
- Claimed conditions
- right foot osteoarthritis, left foot osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2020
- Citation
- 20004325
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 a disability rating of 30 percent but no higher for right foot osteoarthritis and calcaneal spur from April 12, 2016 to April 9, 2021, but denied a higher rating from April 9, 2021.
- Denied
The Board denied the veteran's claims for earlier effective dates and service connection, as well as increased ratings for various disabilities.
- Remanded (sent back)
The Board remands the claims for service connection for right and left foot osteoarthritis, a left shoulder condition, and a right shoulder condition to allow for additional development, including new examinations with the Veteran's participation.
- Remanded (sent back)
The Board remands the claims for service connection for left foot osteoarthritis, left hallux valgus, right hallux valgus, and right foot strain due to a need for VA examinations and medical opinions.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.