The Board remands the issues of entitlement to initial ratings in excess of 10 percent for various disabilities due to deficiencies identified in a Joint Motion for Partial Remand.
The deciding factor: Remand is necessary to ensure compliance with prior remand directives and to secure additional evidence, including updated VA and private treatment records, as well as the Veteran's complete service treatment records.
- Claimed conditions
- chronic low back strain with broad posterior eccentric left L5-S1 disc bulge (low back disability), right ankle strain status post open reduction and internal fixation (right ankle disability), broken right fibula with knee strain (right knee disability), right knee instability, bilateral pes planus with plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002294
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 Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Partly granted
The Board denied an increased rating for right knee strain and instability but granted a separate 10 percent rating for right knee limitation of extension from November 25, 2024.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
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