The Board remands the matters for a Higher-Level Review decision that is responsive to the Veteran's specific assertions regarding CUE in the February 2005 rating decision.
The deciding factor: The RO's failure to adjudicate the specific CUE motions in the June 2022 HLR decision constitutes a pre-decisional error, and must be corrected for a reasonable possibility of helping to substantiate the claim.
- Claimed conditions
- bilateral plantar fasciitis, right retropatellar pain syndrome, left retropatellar pain syndrome, left foot bunionectomy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072437
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 a separate rating of 10 percent for bilateral plantar fasciitis effective February 1, 2023.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
- Denied
The Board denied service connection for various conditions, including bilateral plantar fasciitis, chronic pain syndrome, sciatic radicular pain of both legs, traumatic brain injury (TBI), shin splints of both legs, thoracic spondylosis, right shoulder strain, right wrist strain, acne, and allergic rhinitis.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as higher levels of special monthly compensation.
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