The Board remands the claims for increased disability evaluations and service connection due to errors in scheduling VA examinations.
The deciding factor: The AOJ failed to reschedule the Veteran's VA examinations upon his return to the United States, which is a violation of the duty to assist under 38 C.F.R. § 3.655.
- Claimed conditions
- bilateral pes planus with bilateral plantar fasciitis, thoracolumbar strain, chronic sleep disorder (unspecified)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022874
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.
- Denied
The Board denied the Veteran's appeal for a rating greater than 10 percent for thoracolumbar strain, as the evidence did not support a higher rating.
- Denied
The Board denied the Veteran's claim for a compensable rating for bilateral hearing loss as there was no evidence that it met a compensable level during the period on appeal.
- Partly granted
The Board granted service connection for left knee arthritis, right knee arthritis, and tinnitus. The increased evaluation claim for pes planus was denied, as was the increase in rating for the right wrist fracture. The reduction of the right wrist rating from 10 percent to 0 percent was found improper, restoring the 10 percent rating.
- Partly granted
The Board granted an effective date of September 2, 2010, for service connection for radiculopathy of the left and right sciatic nerves but denied increased ratings for these conditions. The claims for increased ratings for knee and back conditions were remanded.
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