The Board remands the veteran's claims for service connection for tendinitis, left and right knee disorders, and left and right flat foot due to a pre-decisional duty to assist error.
The deciding factor: Remand is necessary to correct pre-decisional errors in failing to provide VA examinations and considering presumptive provisions applicable to Persian Gulf War veterans.
- Claimed conditions
- tendinitis, left knee disorder, right knee disorder, left flat foot, right flat foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065722
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Partly granted
The Veteran's service connection for left shoulder strain, labral tear, acromioclavicular joint osteoarthritis, and tendinitis was granted, while the effective date prior to November 11, 2023, for migraine headaches was denied.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
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