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
- hiatal hernia, low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2009
- Citation
- 0900573
Veterans Law Judge
Decisions by this judge: 493 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate development of her exposure history and lack of adequate medical opinions. The case will be returned to the AOJ for further action.
- Granted
The Veteran's TDIU rating is granted with an effective date of March 15, 2017.
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