The Veteran's back condition and bilateral foot disabilities are remanded for further evaluation due to recent surgery and new symptoms. Service connection claims for the feet are also remanded.
The deciding factor: The Veteran has provided credible testimony about his current conditions, including recent surgeries and ongoing pain. His service treatment records do not contain evidence of any foot problems during or immediately after service.
- Claimed conditions
- Degenerative disc disease at L3-L4 and L4-L5, Disc herniations at L3-L4, L4-L5, and L5-S1, Bilateral pes planus, Plantar fasciitis (bilateral), Hammertoe (right foot)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005656
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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