The Board has determined that the Veteran's claims for service connection related to left foot, ankle, knee, and back disabilities are remanded due to a duty to assist error. The Veteran is not required to have an underlying diagnosis of arthritis or other specific condition; pain alone can constitute a disability under VA law if it results in functional impairment.
The deciding factor: The Board found that the Veteran has provided competent testimony linking his current disabilities to service, including MOS and in-service injuries, but no medical examination was conducted to confirm these diagnoses. The Board also noted that pain alone can be considered a disability under VA law when it results in functional impairment.
- Claimed conditions
- left foot disability, left ankle disability, left knee disability, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2021
- Citation
- A21020376
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 A21020376.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
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