The Board has decided to remand the cases due to a challenge raised by the Veteran's representative regarding the competency of the VA examiner who conducted an examination for pes planus in November 2014. The issues are related and require further investigation.
The deciding factor: The Veteran's representative challenged the competency of the VA examiner, shifting the burden on the part of the VA to establish the examiner’s qualifications by providing information about those qualifications to the Veteran and his representative.
- Claimed conditions
- pes planus, back pain, right hip pain, left hip pain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2020
- Citation
- 20006237
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 veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
- Partly granted
The Board denied increased ratings for the Veteran's back, right ring finger, and left foot hallux valgus disabilities but granted an initial 30 percent rating for pes planus from August 17, 2021, a 50 percent rating for pes planus from December 15, 2023, and a separate 10 percent rating for bilateral plantar fasciitis from August 17, 2021.
- Remanded (sent back)
The Board remands the claim for a left foot disability to correct a pre-decisional duty to assist error, specifically regarding an inadequate October 2024 VA examination.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
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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.