The Board has determined that there was a duty to assist error in the May 2019 VA medical opinion and has therefore remanded the case for further development.
The deciding factor: The decision is being remanded due to an inadequate rationale provided by the May 2019 VA examiner regarding whether the Veteran's additional disability was caused by VA treatment or fault on the part of VA personnel.
- Claimed conditions
- left foot pain, tinea pedis (athlete's foot), onychomycosis (fungal infection of the nails)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2021
- Citation
- A21019197
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 A21019197.
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 Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Dismissed
The Board has dismissed the appeal for issues of service connection for left foot pain, skin condition, fibromyalgia, GERD, left knee strain, right knee strain, bilateral hearing loss, obstructive sleep apnea, right ankle condition, and right shoulder condition due to untimely filing.
- Granted
The Board has granted a 60 percent evaluation for Herpes Simplex Virus (HSV) and denied a compensable rating for tinea pedis. The HSV condition involves constant or near-constant non-topical systemic therapy, while the athlete's foot does not meet criteria for a higher rating.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error regarding the Veteran's service in the Army Reserve. The AOJ is required to obtain complete service personnel and treatment records, including those from the relevant period of service in the Reserves.
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