The Board has found deficiencies in the November 2017 VA opinions addressing the Veteran's bilateral shoulder strain and knee strain. The opinions are based on the absence of an in-service diagnosis, which may not serve as a basis for a negative opinion. The examiner ignored the Veteran's statements describing the onset of shoulder and knee pain during service.
The deciding factor: The absence of an in-service diagnosis alone is insufficient to determine that the current condition is not related to service.
- Claimed conditions
- Dental Disorder, Plantar Fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2023
- Citation
- 23064757
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 23064757.
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 appeal of the PTSD with cannabis use disorder, mild issue is dismissed. The initial rating for plantar fasciitis remains at 10 percent.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient medical evidence in the file on which to decide these claims. The appellant's VA treatment records contain diagnoses of GAD and OSA, and he reported symptoms related to his disabilities during service. A new examination and opinion are required to determine if the acquired psychiatric disorder is associated with service, as well as for OSA and bilateral pes planus and plantar fasciitis.
- Dismissed
The Veteran requested to withdraw the claim for service connection of a dental disorder, and the appeal is dismissed.
- Denied
The Veteran's claim for an increased rating of 50 percent for plantar fasciitis was denied. The effective date remains November 30, 2023, as it is based on the date he submitted his intent to file a claim.
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