The Board has found errors in the prior decision and remanded both issues of service connection for right foot plantar fasciitis and sleep apnea due to a duty to assist error.
The deciding factor: The Board determined that additional evidence was not considered properly during the initial review, leading to an incorrect determination on whether new and relevant evidence had been received to reopen the claim for right foot plantar fasciitis. The Board also found errors in not providing the Veteran with a VA examination and opinion addressing theories of entitlement related to service-connected orthopedic disabilities.
- Claimed conditions
- right foot plantar fasciitis, sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2023
- Citation
- A23031509
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 A23031509.
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 the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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