The Board remands the matters for further evidentiary development, including new VA examinations to address the service connection and rating issues.
The deciding factor: The prior examination did not adequately address the specific requirements outlined in the previous remand directives.
- Claimed conditions
- right foot strain, right foot bone spur, to include as secondary to right foot strain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001373
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 back, neck, right and left foot strains, tension headaches, pharyngotonsillitis, and right shoulder strain as the evidence did not support a finding of a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted a higher initial rating of 10 percent for the Veteran's right foot strain, finding it to be a moderate severity injury.
- Remanded (sent back)
The Board denied an initial rating in excess of 70 percent for major depressive disorder recurrent with psychotic features and remanded the claims for service connection for a low back disability, entitlement to a rating in excess of 10 percent for right foot strain, and entitlement to an initial rating in excess of 10 percent for right ankle strain with Achilles tendonitis.
- Partly granted
The Board denied service connection for a sleep disorder other than insomnia and denied increased ratings for migraine headaches, PTSD with alcohol use disorder, insomnia disorder, and residuals of TBI, and TDIU prior to October 27, 2021. However, the Board granted a 50 percent rating for migraine headaches since June 11, 2021, a 70 percent rating for PTSD with alcohol use disorder, insomnia disorder, and residuals of TBI since May 1, 2019, and a TDIU solely due to service-connected psychiatric disabilities as of October 27, 2021.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.