The Board remands the service connection claims for tinea pedis, heart disorder (congestive heart failure), and peripheral neuropathy in both upper and lower extremities due to a pre-decisional error by the agency of original jurisdiction in failing to provide notice of the right to a hearing.
The deciding factor: The remand is required because the Veteran was not provided notice of his right to a pre-decisional hearing before the AOJ issued its initial decision, which resulted in an error that needs correction.
- Claimed conditions
- tinea pedis, heart disorder (congestive heart failure), peripheral neuropathy in the right upper extremity, peripheral neuropathy in the right lower extremity, peripheral neuropathy in the left upper extremity, peripheral neuropathy in the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2024
- Citation
- A24068799
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 service connection for tinea pedis and dismissed the claims for tinnitus, multiple sclerosis, neck condition, and low back condition.
- Remanded (sent back)
The Board remands the claim for a bilateral foot disability to obtain further development, including adequate VA examinations and opinions.
- Denied
The Board denied service connection for hearing loss disability, neck strain, and tinea pedis. The Veteran's claim for an increased initial disability rating in excess of 10 percent for tinnitus was also denied. The claims for service connection for right and left knee patellofemoral pain syndrome were remanded.
- Denied
The Board denied the veteran's claims for increased ratings for various service-connected conditions, finding that the evidence did not support a higher rating under applicable criteria.
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