The Board denied the Veteran's claim for revision of a January 2013 rating decision that denied service connection for pes planus on the basis of clear and unmistakable error (CUE). The claims for service connection for pes planus/flat feet, bilateral Achilles tendonitis, bilateral hammertoes, and calluses of the bilateral feet were remanded.
The deciding factor: The Board found no clear and unmistakable error in the January 2013 rating decision. The claims for service connection were remanded to obtain additional evidence regarding the etiology of the Veteran's foot conditions.
- Claimed conditions
- pes planus/flat feet, bilateral Achilles tendonitis, bilateral hammertoes, calluses of the bilateral feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2024
- Citation
- A24071587
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 a right shoulder condition, left shoulder condition, right foot conditions (hallux rigidus, calcaneal spurs, and plantar fascitis), left foot conditions (hallux rigidus, calcaneal spurs, and plantar fascitis), and bilateral Achilles tendonitis.
- Denied
The Board denied service connection for bilateral hammertoes and chronic mycotic infections of the bilateral feet, as there was no evidence to support a nexus between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, eye disorder, bilateral hammertoes, and muscle and joint disorders to ensure compliance with prior remand orders.
- Denied
The Board denied service connection for various disabilities, including a bilateral foot disability, bilateral wrist disability, left shoulder disability, depression, recurring umbilical hernia, hemorrhoids, bilateral hammertoes, left knee disability, right knee disability, congestive heart failure, and diabetes mellitus type 2.
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