The Veteran's appeal is remanded for further development regarding his claim of service connection for a LEFT shoulder disorder and cervical spine disorder, as well as the denial of SMC at the K-rate on account of 'loss of use' of the LEFT foot.
The deciding factor: The Veteran has multiple service-connected disabilities but does not meet the criteria for SMC at the K-rate due to anatomical loss or 'loss of use' of a hand, foot, buttocks, creative organ, eye, ear, or breast. The denial is based on his LEFT foot disability.
- Claimed conditions
- PTSD with depression, sleep apnea, allergic rhinitis, LEFT knee osteoarthritis status post total knee replacement, RIGHT knee osteoarthritis, RIGHT shoulder strain, lumbar spine DDD and IVDS, RIGHT and LEFT lower extremity radiculopathy, RIGHT and LEFT hip osteoarthritis with limitation of flexion, adduction, and extension, LEFT foot hammertoes, LEFT foot hallux valgus with osteoarthritis of the first MTP joint, RIGHT groin muscle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2024
- Citation
- 24033310
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (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 24033310.
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 the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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