The Board remands the claims for higher ratings for service-connected bilateral pes planus, intervertebral disc syndrome (IVDS), left knee osteoarthritis, and right knee patellofemoral syndrome due to a lack of substantial compliance with previous remand instructions regarding obtaining records from the Office of Personnel Management.
The deciding factor: The record does not reflect that there has been substantial compliance with the Board's prior remand directives regarding obtaining potentially relevant records concerning the Veteran's claim for disability/retirement benefits held by OPM.
- Claimed conditions
- bilateral pes planus, intervertebral disc syndrome (IVDS), left knee osteoarthritis, right knee patellofemoral syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2024
- Citation
- 24033202
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 the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Granted
The Board granted a separate rating of 10 percent for bilateral plantar fasciitis effective February 1, 2023.
- Denied
The Board denied the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
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