The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim of entitlement to service connection for a back and neck disorder, to include as secondary to service-connected tardive dyskinesia. The case is REMANDED for the following actions.
The deciding factor: The examination provided by the VA examiner was inadequate to decide the claim due to lack of rationale for the conclusion that the Veteran's complaints of back and neck pain are unlikely related to her service-connected tardive dyskinesia.
- Claimed conditions
- back and neck disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 31, 2012
- Citation
- 1219123
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 1219123.
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 has remanded the case for further development and readjudication due to a recent Court of Appeals decision, which found that the Veteran's claim may involve 'hospital care' under 38 U.S.C.A. § 1151.
- Granted
The Veteran's claim for a rating in excess of 30 percent for hiatal hernia with duodenitis, esophagitis and GERD was granted. The effective date for the grant of this rating is not addressed as it pertains to an earlier effective date request which has been withdrawn. The claim for service connection for hypertension was reopened due to new evidence submitted since the last final denial in 1990. However, the Board found that the Veteran's back and neck disorder is not related to his active duty service or a service-connected disability.
- Denied
The Board denied the Veteran's claim for service connection for a back and neck disorder as there was no evidence of chronic disability during service or continuity of symptomatology, and the first diagnosis was not until many years after discharge.
- Denied
The veteran's claim for compensation under 38 U.S.C.A. § 1151 for back and neck disorders was denied as the incident causing his injuries occurred outside of the scope of VA care, not due to hospitalization or treatment provided by VA.
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