The Board determined that the RO's April 2024 rating decision was void ab initio and restored the separate 20 percent rating for left foot degenerative arthritis and metatarsalgia, status post old Jones fracture, effective October 5, 2022.
The deciding factor: The RO's April 2024 rating decision violated due process requirements under 38 C.F.R. § 3.105(e) by failing to issue a rating action proposing the reduction and setting forth all material facts and reasons for the reduction, as well as providing the Veteran with 60 days to submit additional evidence or request a predetermination hearing.
- Claimed conditions
- bilateral pes planus, left foot degenerative arthritis and metatarsalgia, status post old Jones fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2025
- Citation
- A25052143
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 Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Granted
The Board granted a separate rating of 10 percent for bilateral plantar fasciitis effective February 1, 2023.
- Denied
The Board denied service connection for bilateral pes planus and bilateral ankle disability, finding that the Veteran's preexisting conditions were not aggravated by his military service.
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