The Board remands the claim for a new VA examination to address the pre-decisional duty-to-assist error.
The deciding factor: The January 2021 VA examination is inadequate as it ignored lay and medical evidence of record, specifically the Veteran's statements about trauma from combat boots and the private examiner's note.
- Claimed conditions
- bilateral pes planus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072655
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 Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Granted
The Board granted a separate rating of 10 percent for bilateral plantar fasciitis effective February 1, 2023.
- Denied
The Board denied service connection for bilateral pes planus and bilateral ankle disability, finding that the Veteran's preexisting conditions were not aggravated by his military service.
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