The Veteran's claims for service connection and increased rating are being remanded due to the need for additional evidence and examination.
The deciding factor: Additional medical records, including those from Cleveland and Erie VA Medical Centers since December 2006, are needed to determine the current nature and extent of the Veteran's back disability and right ankle tendonitis. The examiner is also requested to address the effect of a post-service motor vehicle accident on any diagnosed back condition.
- Claimed conditions
- back disability, tendonitis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2010
- Citation
- 1010922
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 1010922.
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Dismissed
The Board dismissed the claims for service connection for bilateral hearing loss, hypertension, and shortness of breath as untimely. The claim for a back disability was remanded for further development.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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