The Board has remanded the Veteran's claims for increased rating and service connection due to incomplete evidence, including VA treatment records not being associated with his file. The AOJ is instructed to obtain these records and provide a new VA opinion regarding the etiology of the Veteran's bilateral knee condition and left lower extremity radiculopathy.
The deciding factor: The Board found that the AOJ committed pre-decisional duty to assist errors by not attempting to obtain certain treatment records and failing to provide an adequate VA opinion on the etiology of the Veteran's conditions.
- Claimed conditions
- Traumatic arthritis, Hammer toes (2nd, 4th, and 5th toes) residual of fracture of 1st and 2nd toes, Right knee condition, Left knee condition, Left lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2023
- Citation
- A23032291
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 A23032291.
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 Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Granted
The Board has granted service connection for the Veteran's right knee condition as secondary to his service-connected right ankle condition.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
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