The Board has found multiple pre-decisional duty to assist errors and has remanded the case for further action, including obtaining Army National Guard service treatment records and making a formal finding of all periods of INACDUTRA during Army National Guard service.
The deciding factor: The Board identified several pre-decisional duty to assist errors in obtaining Army National Guard service treatment records and failed to make a formal finding for all periods of INACDUTRA during Army National Guard service, which are critical to the claim as they relate to the Veteran's reported injuries during training.
- Claimed conditions
- s/p bunionectomy with osteotomy and plantar fasciotomy, degenerative arthritis, s/p fracture great toe, hallux rigidus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2026
- Citation
- A26011072
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26011072.
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.
- Granted
The Board has restored the Veteran's rating for his right elbow condition from 10 percent to 20 percent effective May 5, 2025, finding that the evidence was in equipoise regarding whether there had been improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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