The Veteran's appeal is remanded due to duty-to-assist errors, and he needs new examinations for his service-connected right foot and peripheral nerve disabilities as well as his right knee and hip disabilities.
The deciding factor: The Board found that the July 2021 rating decision had not considered recent evidence or provided a thorough examination of the Veteran's current disability status.
- Claimed conditions
- degenerative disc disease of the lower back, residuals, status post fracture of the right fifth metatarsal, right hip limitation of flexion, right knee instability, peroneal brevis insertional tendonitis, right sural sensory axonal neuropathy, right knee limitation of extension, right hip limitation of extension and rotation, left foot hallux valgus, right knee medial meniscus tear with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2024
- Citation
- A24046217
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 A24046217.
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's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the merits as they have no jurisdiction.
- Denied
The Veteran's claims for effective dates prior to April 17, 2019, for the grants of service connection for right knee instability, right knee tendonitis, and right femur fracture are denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee instability associated with degenerative arthritis is denied.,The Veteran's claim for an initial disability rating in excess of 10 percent for right knee limitation of motion associated with tendonitis with degenerative arthritis is denied.
- Remanded (sent back)
The Board has remanded several claims for further action, including effective date determinations and service connection determinations. The Veteran's service records from Portsmouth Naval Hospital are requested to be obtained.
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