The Board has remanded the case for further examination and readjudication due to inadequacies in the previous decision regarding service connection.
The deciding factor: The Court found that the April 2005 Board decision failed to adequately distinguish between presumption-of-sound-condition determinations under 38 U.S.C. § 1111 and presumption-of-aggravation determinations under 38 U.S.C. § 1153, and ignored an in-service Medical Board's finding of painful motion in conjunction with diagnosed chronic lumbosacral strain.
- Claimed conditions
- low back disability, left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2006
- Citation
- 0601779
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Partly granted
The Board granted service connection for tinnitus and a right hip disability, and granted a 30 percent rating for ureterolithiasis. The claim for an increased rating for PTSD was denied, while other claims were remanded.
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