The case is remanded to obtain private medical records and schedule the veteran for VA examinations.
The deciding factor: The AOJ has not fulfilled its duty to assist by obtaining necessary private medical records and scheduling the veteran for VA examinations.
- Claimed conditions
- low back strain, hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900573
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
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