The Veteran's claims for an increased rating for left achilles tendonitis and TDIU from February 4, 2009 to December 22, 2010 are being remanded due to lack of substantial compliance with the Board's previous remand directives.
The deciding factor: The decision is based on the failure to comply with a prior remand directive regarding an examination for left achilles tendonitis and TDIU.
- Claimed conditions
- left achilles tendonitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2021
- Citation
- 21070412
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 21070412.
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 has granted the Veteran's claim for service connection for left achilles tendonitis, finding that new evidence received since the previous denial supports this determination.
- Remanded (sent back)
The Board has remanded the claims for service connection for various conditions due to missing VA records and unsuccessful attempts to retrieve private treatment records. The Veteran is advised to submit any available private information.
- Granted
The Veteran was granted service connection for left and right achilles tendonitis effective May 1, 2010. The decision is based on the facts found but not earlier than the date of receipt of his claim.
- Dismissed
The appeal for a rating higher than 10 percent for left achilles tendonitis was dismissed due to an impermissible concurrent election, and the claim for tinnitus was denied as there is no evidence of a disability picture outside the norm.
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