The Board remands the claims for service connection for a left ankle condition and left foot pes cavus to correct pre-decisional duty to assist errors.
The deciding factor: The AOJ committed pre-decisional duty to assist errors in failing to obtain a VA examination and request private medical records, necessitating a remand.
- Claimed conditions
- left ankle condition, left foot pes cavus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064182
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 remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right ankle, and bilateral foot conditions to ensure proper notice and an opportunity for a VA examination.
- Dismissed
The Board dismissed the claims for service connection for pseudofolliculitis barbae, left foot swelling/pain, a left ankle condition, and tinnitus.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder and a right foot disability, as secondary to service-connected disabilities. The appeals for service connection of prostate cancer, diabetes, GERD, and hypertension were dismissed due to the RO's subsequent grant of these conditions.
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