The Board must remand the case for further development and consideration due to missing service medical records.
The deciding factor: The absence of service medical records, combined with a lack of evidence confirming in-service injury, necessitates a VA examination to determine if current conditions are related to service.
- Claimed conditions
- right leg disorder, residuals of a right Achilles tendon injury, right shoulder disorder, back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2008
- Citation
- 0814256
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 various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Denied
The Board denied the veteran's claim for service connection for a right shoulder disorder, including bicipital tendon tear, rotator cuff tear, and tendinosis, as there was no evidence of an in-service injury or chronicity of symptoms to support a direct link between the current condition and active duty.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.