The Board has reopened the claims of service connection for bilateral flat feet and degenerative joint disease (DJD) of the bilateral ankle, but has remanded both issues due to a lack of evidence from periods of active duty for training or inactive duty for training.
The deciding factor: New evidence submitted by the Veteran suggests that his foot disabilities may have been incurred during service, including ACDUTRA and INACDUTRA. However, VA's duty to assist requires obtaining all relevant treatment records from National Guard service periods not previously considered.
- Claimed conditions
- bilateral flat feet, degenerative joint disease (DJD) of the bilateral ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2023
- Citation
- 23020562
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 23020562.
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 Veteran's service-connected disabilities require regular aid and attendance, resulting in the grant of special monthly compensation based on the need for regular aid and attendance. The issue of entitlement to special monthly compensation at the housebound rate is moot.
- Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to assist errors by not assisting the Veteran to identify and obtain relevant treatment records regarding his bilateral flat feet and for relying on an inadequate addendum opinion. The case is therefore REMANDED for these actions.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Denied
The Veteran's claims for increased evaluations of his service-connected bilateral flat feet and lumbosacral strain have been denied. The Board found that the evidence did not support a higher rating for either condition.
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