The Board remands the claims for further development, including obtaining private treatment records and scheduling a new VA examination to determine the current diagnoses and severity of the Veteran's right foot disabilities.
The deciding factor: The Joint Motion for Partial Remand identified errors in the duty to assist and statement of reasons or bases, necessitating a remand for additional evidence and an updated examination.
- Claimed conditions
- right navicular fracture status post repair, diagnosed as pes cavus and hammer toes, right heel disability, diagnosed as pes planus (previously diagnosed as pes cavus and hammer toes), metatarsalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004165
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 Veteran withdrew his appeal for service connection for metatarsalgia, tinea pedis, and GERD.
- Denied
The Board denied service connection for pes planus with hallux valgus, metatarsalgia, and hammer toes as the evidence did not support a finding that these conditions were incurred or aggravated during active service.
- Dismissed
All appeals for higher initial ratings and service connection were dismissed as they were duplicative of previously addressed appeals or due to untimely filings.
- Dismissed
The appeal for an increased compensable rating for GERD was dismissed due to a procedural defect. The claims for service connection for metatarsalgia, obstructive sleep apnea (OSA), and an eating disorder were denied as the evidence did not support a finding of a current disability related to active duty.
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