The Board remands the claims for service connection for left lower extremity nerve damage, right lower extremity nerve damage, and left foot condition due to duty-to-assist errors.
The deciding factor: Remand is necessary to address duty-to-assist errors related to missing information on a VA Form 21-4142 and the need for a VA examination for the left foot condition.
- Claimed conditions
- left lower extremity nerve damage, right lower extremity nerve damage, left foot condition, claimed as pain and warts
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- A24064706
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 service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Denied
The Board denied service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Denied
The Board denied service connection for all the conditions listed as there was no evidence of an in-service event, nor is there evidence demonstrating a nexus to service.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
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