The Board has decided to remand the cases regarding the reduction in ratings for left foot pes planus and lumbar spine degenerative arthritis, as there are missing VA treatment records from October 2017 to April 2018 and August 2018 to December 2018 that need to be obtained.
The deciding factor: The Board found a duty to assist error due to the missing VA treatment records which could affect the determination of the severity of the Veteran's disabilities from November 2017 to December 2018.
- Claimed conditions
- left foot pes planus, lumbar spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2023
- Citation
- 23060851
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 23060851.
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 service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Dismissed
The Board has dismissed the Veteran's appeal for service connection for various conditions including hypoglycemia, sinusitis, left foot pes planus, right foot pes planus, right foot plantar fasciitis, left ankle pain, left hip osteoarthritis, left knee sprain, bradycardia, dry eye, hernia, hypercholesterolemia, and bilateral hearing loss.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left foot plantar fasciitis and left foot pes planus due to inadequate examination, failure to consider continuity of symptoms, and need for further medical opinion.
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