The Board remands the claim for service connection of left foot pes planus with residuals post left foot fusion due to a pre-decisional duty to assist error.
The deciding factor: The December 2020 opinion is found inadequate as it was based on an inaccurate factual premise and did not consider all relevant evidence, including a May 1984 service treatment record.
- Claimed conditions
- left foot, flat foot (pes planus) with residuals post left foot fusion
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2025
- Citation
- A25041454
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 Board denied the veteran's appeals for service connection due to untimely filings.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss, chronic kidney disease, cell bladder carcinoma, hypertension, and various musculoskeletal issues, as the evidence did not support a finding that any of these conditions were incurred or aggravated during active duty for training.
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