The Board has found that new and relevant evidence has been received with respect to the claims for service connection for left and right foot conditions sufficient to warrant readjudication. As such, the Board finds that a remand is necessary so that the AOJ can readjudicate the claims on the merits.
The deciding factor: The failure to obtain an etiology opinion based on the new and relevant evidence constitutes a pre-decisional duty to assist error warranting remand.
- Claimed conditions
- left foot and ankle condition, right foot and ankle condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2023
- Citation
- A23037205
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 A23037205.
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 service connection for arthritis of the left finger and hand, as well as for the left foot and ankle condition. The decision stated that there was no evidence linking these conditions to military service.
- Remanded (sent back)
The Board has remanded the cases due to insufficient medical opinions and need for additional evidence. The Veteran's claims for service connection are being reviewed again with new examinations.
- Remanded (sent back)
The Board has granted service connection for tinnitus, but the issues of service connection for a condition of the left foot and ankle and eye irritation are remanded due to insufficient evidence.
- Denied
The Board denied the Veteran's claim for service connection for her left foot and ankle condition, finding that it is neither proximately due to nor aggravated by her service-connected bilateral knee disabilities.
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