The Board has remanded both claims of service connection for drop foot, left foot and multiple sclerosis (MS) to the AOJ due to an error in providing notice of the right to a hearing before the RO.
The deciding factor: The AOJ was not required to provide the Veteran with notice of her right to a hearing before the RO prior to issuing its initial decision on appeal, as VA had no duty to assist in substantiating her claim during that period.
- Claimed conditions
- drop foot, left foot, multiple sclerosis (MS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2023
- Citation
- A23035190
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 A23035190.
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 to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.
- Denied
The Board denied the veteran's request for an effective date prior to December 15, 2023, for the award of a total disability rating based on individual unemployability (TDIU) as there was no factually ascertainable increase in his service-connected disabilities that rendered him unemployable within one year prior to December 15, 2023.
- Granted
The Board granted service connection for multiple sclerosis, resolving reasonable doubt in favor of the Veteran and finding that his MS had onset during his active duty service.
- Granted
The Board granted service connection for bilateral pes planus and multiple sclerosis (MS) based on the Veteran's in-service environmental exposures.
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