The Veteran's service connection claims for headaches, sleep disturbance, and fatigue are remanded due to the need for a TERA opinion.,The Veteran's service connection claims for back, left knee, right knee, and right ankle disabilities are remanded due to the need for an examination addressing both etiology and pathophysiology of the conditions.,The Veteran's service connection claim for a right foot disability (claimed as pes planus) is remanded due to the need for a TERA opinion.
The deciding factor: These claims must be remanded to ensure compliance with VA's duties under the PACT Act, and the July 2017 opinion obtained by the AOJ regarding these issues is inadequate.,A new examination is necessary because there is credible evidence that the Veteran's claimed disabilities may be related to service. The TERA opinion requirement applies unless the Veteran submits competent medical or scientific evidence of an association between the disability and in-service exposure.,The claims must be remanded due to the need for a TERA opinion as the Veteran has asserted his right foot disability is related to service.
- Claimed conditions
- headaches, sleep disturbance, fatigue, back disability, left knee disability, right knee disability, right ankle disability, right foot disability (claimed as pes planus), left foot plantar fasciitis with heel spur
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2023
- Citation
- 23055892
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 23055892.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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