The Board remands the claim for service connection for a right foot and/or right lower leg injury (claimed as right foot fracture) to correct pre-decisional duty to assist errors.
The deciding factor: Remand is necessary due to an inadequate VA examination, lack of adequate nexus opinion, and failure to consider the combat presumption under 38 U.S.C. § 1154(b).
- Claimed conditions
- right foot fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2025
- Citation
- A25043942
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.
- Remanded (sent back)
The Board remands the claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to January 31, 2023, as the evidence of record is insufficient to properly evaluate the Veteran's claim.
- Remanded (sent back)
The appeal for service connection of a right foot fracture is remanded. The Board needs more information about the veteran's service in the National Guard.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.