The Veteran's claims for increased ratings for traumatic arthritis of the left knee and plantar fasciitis of the right foot prior to January 2, 2024, are being remanded due to a duty-to-assist error. The claim for TDIU is also being remanded as it was not raised by the Veteran prior to the September 2021 rating decision on appeal.
The deciding factor: The claims were remanded due to an omission of VA treatment records from May 2014 to September 2020, which could provide relevant information for evaluating the Veteran's conditions and their progression over time.
- Claimed conditions
- traumatic arthritis of the left knee, plantar fasciitis of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062893
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (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 A24062893.
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.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for his feet and knees, as well as a new rating for his right hip disability. The SMC claim is also being remanded due to a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected bilateral pes planus, metatarsalgia of both feet, plantar fasciitis of both feet, and neuropathy of both feet have been granted effective July 14, 2014. The Veteran also received a separate rating for hammertoes of the right foot (10%) and left foot (10%), as well as arthritis of the first MTP joint of the right and left foot (10%).
- Remanded (sent back)
The Board has remanded the claims for service connection for allergic rhinitis and migraine headaches, but denied all other claims due to lack of evidence meeting VA standards for a current disability.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to insufficient evidence. The Board will consider the new evidence provided by the Veteran and any additional evidence submitted during the appeal process.
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