The Board has determined that the Veteran's claims for service connection for left and right foot conditions should be remanded due to a pre-decisional duty to assist error. The AOJ failed to determine whether the Veteran met an exception to the minimum period of active-duty requirement prior to denying his eligibility for VA benefits.
The deciding factor: The Board found that there was a pre-decisional duty to assist error by the AOJ in determining the Veteran's eligibility for benefits under minimum active-duty requirements without fully considering and/or developing the claim under the exceptions to 38 C.F.R. § 3.12a.
- Claimed conditions
- Left foot condition, Right foot condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2024
- Citation
- A24078631
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A24078631.
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 Veteran's right foot condition, including pain and functional limitation, is related to service. The Veteran's right leg disability did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability. The Veteran's left leg disability also did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability.
- Granted
The Veteran's headache disability is granted as service-connected. The left foot condition and lung cancer claims are remanded due to the need for additional medical opinions.
- Denied
The Board denied the Veteran's claim for service connection of a right foot condition as there is no current or diagnosed disability, and the evidence does not support a finding that any such disability was incurred in service.
- Remanded (sent back)
The Board has remanded several claims due to pre-decisional duty to assist errors, including for new VA medical opinions on right wrist and knee conditions, right foot condition, right ankle condition, erectile dysfunction, GERD, headaches, obstructive sleep apnea, dry eye syndrome, lumbar spine condition, and right lower extremity radiculopathy.
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