The Board remands the Veteran's claims for a higher rating and TDIU due to left foot pes planus, as the January 2023 VA examination did not adequately address the severity of his flare-ups.
The deciding factor: The January 2023 VA examiner failed to provide an estimate of functional loss during flares, which is required under Sharp v. Shulkin.
- Claimed conditions
- left foot pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066384
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.
- Partly granted
The Board granted an earlier effective date of August 15, 2022, for a 10 percent maximum initial rating for service-connected right foot metatarsalgia and granted service connection for right foot pes planus and left foot pes planus.
- Dismissed
The appeal for service connection for left and right foot pes planus, plantar fasciitis, right ankle pain, left ankle pain, right hip pain, and left hip pain was dismissed due to an impermissible concurrent election of review.
- Denied
The Board denied the appellant's claim for attorney fees based on past-due benefits from an April 2024 decision that awarded service connection for left foot pes planus.
- Denied
The Board denied service connection for a right knee disability as there was no evidence of an injury during active duty, ACDUTRA, or INACDUTRA. The other claims were remanded to correct a duty to assist error.
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