The Board has determined that there were errors in the pre-decisional duty to assist and remands are necessary for obtaining additional evidence, obtaining a new medical opinion, and ensuring complete consent documents are associated with the file.
The deciding factor: There was an incomplete VA medical opinion regarding service connection and compensation under 38 U.S.C. § 1151, which required the AOJ to obtain new opinions.
- Claimed conditions
- right-foot hammer toe, bilateral pes planus, right foot metatarsalgia, right foot hammertoes, right foot hallux rigidus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2024
- Citation
- A24053703
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 A24053703.
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 Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The initial rating of 10 percent, but not higher, has been assigned for pulmonary sarcoidosis. Service connection has also been established for migraine headaches, degenerative arthritis in the left knee, right knee disorder (osteoarthritis), right ankle sprain, right shoulder rotator cuff tendonitis, bilateral flat feet, and various foot conditions.
- Denied
The Veteran's hypertension, bilateral pes planus, PTSD, and anxiety were all denied as service connection was not established based on the evidence of record.,Bilateral pes planus was denied due to lack of current diagnosis.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
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