The Board has found multiple pre-decisional duty to assist errors and has remanded the claims for further development.
The deciding factor: Multiple pre-decisional duty to assist errors have occurred, including inadequate nexus opinions regarding the Veteran's claimed disabilities. These errors require a remand to correct them before service connection can be adjudicated.
- Claimed conditions
- paralysis of the right sciatic nerve, bilateral flat feet with metatarsalgia, bilateral eye disability (claimed as glaucoma)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062561
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (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 A24062561.
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.
- Granted
The Board has granted service connection for the claimed conditions and set an effective date of December 31, 2019.
- Granted
The Board has reopened the claim for service connection for the cause of the Veteran's death and finds that his service-connected disabilities materially contributed to his death from respiratory failure due to COPD. The appeal is granted.
- Denied
The veteran's bilateral flat feet with metatarsalgia are currently rated at 50 percent, which is the maximum rating available under the applicable diagnostic code. The Board found that a higher rating was not warranted based on the current evidence of record. Additionally, the veteran's service-connected disability does not meet the criteria for a total disability rating based on individual unemployability as he has not been rendered unemployable solely due to his service-connected bilateral flat feet with metatarsalgia.
- Denied
The Board denied the veteran's claims for a higher rating for his bilateral flat feet with metatarsalgia and for TDIU, finding that the current rating adequately reflects his disability and there is insufficient evidence to show he is unable to secure or follow a substantially gainful occupation.
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