The Board has decided that the Veteran is entitled to a TDIU, but has remanded the issue of service connection for sleep apnea.
The deciding factor: The VA examiners did not provide an adequate rationale for their negative opinions on secondary service connection and aggravation. The case must be remanded for further examination and opinion.
- Claimed conditions
- bilateral foot plantar fasciitis, restless leg syndrome, left leg, right foot scars, residuals right foot fracture, residuals right leg fracture
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2023
- Citation
- 23008148
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 23008148.
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.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to his death during the appeal process.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for a lumbar spine disability and entitlement to an initial compensable rating for surgical scars right first toe due to inadequate medical opinions. The Veteran will need to undergo additional examinations to address her current disability picture.
- Dismissed
The Veteran withdrew all pending appeals, including those for initial compensable rating for sensorineural hearing loss and service connection for chronic fatigue syndrome (CFS), coronary heart disease, hypertension, left and right sciatic radulopathy pain and hypoesthesia of the lower extremities, and restless leg syndrome, left and right legs.
- Granted
The Veteran's bilateral hearing loss disability is granted as service-connected.,The Veteran's degenerative arthritis of the lumbar spine, radiculopathy of the left lower extremity (LLE), and radiculopathy of the right lower extremity (RLE) are all granted as secondary to his now service-connected lumbar spine disability. The bilateral foot plantar fasciitis is also granted as secondary to his service-connected lumbar spine disability.
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