The Veteran's claims for increased ratings for right foot and ankle disabilities, as well as his claim for TDIU, are being remanded due to a duty to assist error. The VA must obtain an addendum opinion to determine the severity of these conditions without considering the ameliorative effects of medication.
The deciding factor: The examination report did not describe the effects of the Veteran's treatment on his symptoms and was therefore inadequate.
- Claimed conditions
- right foot strain, pes planus with plantar fasciitis, residuals of right ankle sprain with torn ligaments and ankle instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2026
- Citation
- A26028884
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 A26028884.
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 Veteran's service connection claims for various conditions were granted effective from July 1, 2020.
- Granted
The Veteran's left and right foot strains are rated at 20 percent each, effective October 1, 2024. The Board granted the ratings based on moderate severity of symptoms.
- Denied
The Board denied the Veteran's requests for earlier effective dates for service connection and increased ratings, finding no evidence of a factually ascertainable increase in disability within one year prior to his intent to file claims.
- Remanded (sent back)
The Veteran's service-connected disabilities resulted in the need for regular aid and attendance, leading to a grant of special monthly compensation based on aid and attendance. The claim for higher rate SMC(t) due to traumatic brain injury is remanded due to a pre-decisional duty-to-assist error.
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