The Board has remanded the claims for service connection and increased ratings due to inconsistencies in previous examinations and the need for a new medical opinion on secondary service connection.
The deciding factor: The claim is being remanded because the causation standard used by the VA examiner is no longer valid, as it was based on outdated regulations. The Board requires a new examination using the but-for causation standard from the Federal Circuit's holding in Spicer v. McDonough.
- Claimed conditions
- left foot disability, cystic acne
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- 24032419
Veterans Law Judge
Decisions by this judge: 734 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24032419.
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 Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, but his service-connected persistent depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation. The Board has granted SMC at the housebound rate.
- Granted
The Veteran's left foot disability and anxiety disorder render him in need of regular aid and attendance due to his physical limitations and cognitive impairments, which require assistance from another person.
- Denied
The Board denied service connection for multiple disabilities, including neck, back, left foot, left knee, right knee, right foot, and right shoulder disabilities. The Board found insufficient evidence to support presumptive or secondary service connection.
- Denied
The Board has denied the Veteran's claims of service connection for lumbar spine, cervical spine, right knee, left knee, right foot, left foot, and right ankle disabilities. The evidence does not support a finding that these conditions began during or are otherwise related to his military service.
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