The Board has remanded the case for additional development due to the veteran's incarceration and unavailability of certain medical records. The RO is instructed to obtain any available treatment records from correctional facilities, arrange for a VA examination if possible, and consider all submitted evidence.
The deciding factor: The veteran is incarcerated and unable to undergo a VA examination under regular conditions, necessitating additional development through obtaining his medical records and arranging an evaluation within the prison facility.
- Claimed conditions
- degenerative arthritis, multiple joints, hiatal hernia with esophageal reflux
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2006
- Citation
- 0601922
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 appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Granted
The Board granted service connection for a right foot disability, diagnosed as degenerative arthritis, fibrocartilaginous calcaneonavicular with lateral cuneiform cuboid coalition, other unspecified right ankle disorder, and status post right foot fracture.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
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