The Veteran's claim for an effective date earlier than May 20, 2014 for the award of service connection for bilateral pes planus with hallux valgus, metatarsalgia, degenerative arthritis, and bilateral callosities is denied.,New and material evidence has been received to reopen the Veteran's claim of service connection for a respiratory disorder (claimed as sleep apnea and COPD).,The Veteran's claims for an initial rating in excess of 30 percent for bilateral pes planus with hallux valgus, metatarsalgia, degenerative arthritis, and bilateral callosities, and for a rating for right knee joint osteoarthritis are remanded.,The Veteran's claim for TDIU is also remanded.
The deciding factor: There was no evidence of service connection prior to May 20, 2014, and the Veteran did not file a timely appeal or request reconsideration within one year of the February 2013 rating decision.,The received evidence is new but does not relate to unestablished facts necessary to substantiate the claim for service connection for a respiratory disorder.,There are outstanding private records that need to be obtained before an accurate determination can be made regarding the Veteran's claims for increased ratings and TDIU.,VA has determined that the Veteran is unable to obtain and maintain substantially gainful employment due to his service-connected knee and foot disabilities.
- Claimed conditions
- bilateral pes planus, hallux valgus, metatarsalgia, degenerative arthritis, bilateral callosities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2023
- Citation
- 23056677
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 23056677.
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 restored the Veteran's rating for his right elbow condition from 10 percent to 20 percent effective May 5, 2025, finding that the evidence was in equipoise regarding whether there had been improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
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