The Board remands the claims for service connection of pes planus of both feet to correct pre-decisional duty to assist errors and ensure adequate development of evidence regarding the etiology of the Veteran's condition.
The deciding factor: Further remand is required due to inadequate VA examination addressing the etiology of the bilateral pes planus, including its potential relationship with service-connected disabilities and obesity.
- Claimed conditions
- pes planus of the right foot, pes planus of the left foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064266
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 granted service connection for pseudofolliculitis barbae, a bilateral hearing loss disability, and pes planus of both feet. The lumbar spine claim was remanded.
- Partly granted
The Board granted a 30 percent rating for left foot traumatic arthritis prior to June 27, 2023, and denied an increased rating in excess of 30 percent. The claim for TDIU was also denied.
- Denied
The Board denied service connection for pes planus of the left foot, as there was no evidence of permanent worsening during service. The claims for a top of the foot disability and a left hip disability were remanded.
- Remanded (sent back)
The Board remanded the Veteran's claim for entitlement to TDIU because the AOJ failed to consider whether the Veteran's cervical spine spondylosis and bilateral upper extremity radiculopathy constitute one disability under 38 C.F.R. § 4.16(a), which could meet the schedular threshold for TDIU eligibility. The Board found good cause for the Veteran's failure to appear for a VA examination based on his credible account of being told by a VA representative that the examination was unnecessary.
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