The appeal is remanded for further development and an adequate VA examination to determine the nature, extent, onset and etiology of the veteran's reported body aches.
The deciding factor: The examiner's opinions are inconsistent and lack medical nexus or etiology opinions with respect to the veteran's claimed disabilities. Additionally, there was no review of the claims folder during the examination.
- Claimed conditions
- low back disability, right leg disability, right shoulder disability, bilateral foot disability, left wrist disability, pain in joints other than low back, right leg, right shoulder, feet, and left wrist
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 9, 2008
- Citation
- 0815461
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.
- 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.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
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