The Board remands the claims for service connection for left and right foot disabilities to correct a pre-decisional duty to assist error.
The deciding factor: The VA opinions are inadequate as they rely on the lack of treatment, which is not the correct standard. The examiner should address the Veteran's reports and lay statements in formulating an opinion.
- Claimed conditions
- arthritis, left foot, arthritis, right foot
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2025
- Citation
- A25051858
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 appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- Partly granted
The Board granted an initial 40 percent disability rating for bilateral eye disabilities but denied ratings for abdominal scars, hypertension, and remanded claims related to thrombosis and arthritis.
- Dismissed
The Board denied the veteran's appeals for service connection due to untimely filings.
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