The Board has determined that additional evidence was submitted since the April 2020 Statement of the Case and has not been waived by the Veteran. The claims for service connection are being remanded to allow the AOJ to consider this new evidence.
The deciding factor: Veteran did not waive AOJ review of newly received evidence, thus the claims must be returned for readjudication.
- Claimed conditions
- left ankle injury, right ankle injury, right knee injury, left knee injury, left foot pain, right foot fracture bones
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2024
- Citation
- 24009010
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 24009010.
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 Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Dismissed
The Board has dismissed the appeal for issues of service connection for left foot pain, skin condition, fibromyalgia, GERD, left knee strain, right knee strain, bilateral hearing loss, obstructive sleep apnea, right ankle condition, and right shoulder condition due to untimely filing.
- Dismissed
The Veteran withdrew his appeals for initial compensable disability ratings for left and right ankle injuries, leading to the dismissal of these claims.
- Granted
The Board has granted service connection for a right ankle injury and sleep apnea, which were previously denied in initial decisions. The appellant is eligible for attorney fees based on the past-due benefits awarded.
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