The Board has ordered additional VA examinations for the Veteran's claimed right and left foot disabilities, as well as his obstructive sleep apnea. The claims are being remanded due to failure to appear for scheduled examinations.
The deciding factor: The Veteran failed to attend scheduled VA examinations for his claimed conditions, which resulted in a denial of the claims based on failure to appear.
- Claimed conditions
- Right foot disability, Left foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2023
- Citation
- 23004069
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 23004069.
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 Veteran's right and left foot disabilities are currently rated at 10 percent each, but the Board found that they do not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.
- Dismissed
The appeal for a compensable rating for acne vulgaris is dismissed. Service connection for tinnitus is granted, but the left foot disability claim is remanded.
- Dismissed
The Board has dismissed the appeals for service connection for a right foot disability and an increased rating for bilateral hearing loss. The Veteran's claims for service connection for left knee, right knee, and low back disabilities have been granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in duty to assist and incomplete medical opinions. The right foot disability claim is being addressed, including considering a congenital defect theory of entitlement.
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