The Board remands the matter to obtain outstanding private medical records and a VA examination that reflects consideration of the Veteran's lay reports of in-service aggravation of his bunion.
The deciding factor: The Board found that the VA failed to satisfy its duty to assist by not attempting to obtain private treatment records and relying on an inadequate examination.
- Claimed conditions
- bilateral foot disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- 24031379
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.
- Denied
The Board denied service connection for bilateral foot disability, respiratory disability (breathing difficulty), cardiac disability (irregular heartbeat), and right hip disability as there was no evidence of a current disability or a link to active service.
- Remanded (sent back)
The Board remands the claim for a bilateral foot disability to obtain an addendum medical opinion addressing whether the Veteran's pre-existing pes planus was aggravated by service.
- Denied
The Board denied service connection for multiple disabilities, including bilateral wrist, ankle, foot, shoulder, allergic rhinitis, sinusitis, lumbosacral spine, and carpal tunnel syndrome, as the evidence did not support a finding that these conditions were related to active service.
- Denied
The Board denied the veteran's claims for service connection for tinnitus, a right shoulder disability, diabetes mellitus type II, left and right lower extremity neuropathy, and a bilateral foot disability as secondary to diabetes mellitus due to lack of new and relevant evidence.
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