The appeal is remanded to the RO for further development and readjudication of the service connection claims for a neck disorder, a back disorder, and cervicogenic headaches.
The deciding factor: The Board erred in failing to return the VA examination as inadequate for rating purposes and did not properly consider lay evidence regarding the veteran's reported in-service injuries. A new medical examination is required.
- Claimed conditions
- residuals of a neck injury, residuals of a back injury, cervicogenic/muscle contraction headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2009
- Citation
- 0906834
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 residuals of a back injury, head injury, and neck injury as the evidence did not support that these injuries occurred during or while traveling from active duty.
- Denied
The Board denied an initial rating in excess of 20 percent for residuals of a back injury and an effective date earlier than May 26, 2023, for the award of service connection for residuals of a back injury.
- Denied
The Board denied service connection for multiple conditions, including GERD, neck injury, right knee injury, left knee injury, shrapnel wound to the lower left leg, right ankle injury, left ankle injury, RLE neuropathy, and lower back injury.
- Dismissed
The Board dismissed the Veteran's claims for service connection for migraines and residuals of a back injury due to untimely notice of disagreement.
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