The Board remands the claims for further development of evidence, including obtaining private treatment records and scheduling a new VA examination.
The deciding factor: The current examinations are inadequate to determine the severity of the Veteran's service-connected disabilities due to missing information on pain and functional loss.
- Claimed conditions
- bilateral pes planus and plantar fasciitis, right knee meniscectomy residuals and anterior cruciate ligament tear repair residuals, right knee meniscectomy and anterior cruciate ligament tear scar residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003296
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.
- Partly granted
The Board granted service connection for cervical, thoracic, and lumbar spine disabilities, bilateral pes planus and plantar fasciitis, tinnitus, chronic sinusitis, allergic rhinitis, digestive disabilities including irritable bowel syndrome with abdominal pain and nausea, pelvic organ disabilities, iron deficiency anemia, and genital herpes. Service connection was denied for acne, tendonitis, fibromyalgia, painful joints, left shin splints, right shin splints, left ankle condition, right ankle condition, left carpal tunnel syndrome, right carpal tunnel syndrome, respiratory infection, GERD, PTSD, anxiety condition, manic-depressive reaction, and psychiatric disorder other than unspecified depressive disorder with symptoms of suicidal ideation. An initial 50% rating was granted for the service-connected unspecified depressive disorder.
- Granted
The Board granted an earlier effective date of December 21, 2022, for the assignment of a 50 percent disability rating for service-connected bilateral pes planus and plantar fasciitis.
- Granted
The Board granted service connection for tinnitus, bilateral pes planus and plantar fasciitis, tension headaches, right ankle lateral collateral ligament sprain, and degenerative disc disease of the lumbar spine.
- Partly granted
The Board granted an effective date of February 26, 2021, for the award of service connection for bilateral shin splints but denied earlier effective dates for the other conditions.
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