The Board has remanded the Veteran's claims of service connection for bilateral pes planus, hammertoes, a lumbar spine disability, left and right hip replacements, and pelvic pain due to duty to assist errors. The Veteran is required to have her service treatment records from 1992 obtained, and she needs to undergo VA examinations to determine the nature and etiology of these conditions.
The deciding factor: The Board found that prior to the August 2018 AMA rating decision on appeal, there were duty to assist errors regarding obtaining missing service treatment records and conducting a VA examination for the Veteran's claimed disabilities.
- Claimed conditions
- bilateral pes planus, hammertoes, lumbar spine disability, left hip replacement, right hip replacement, pelvic pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2020
- Citation
- A20015765
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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