The Board has remanded the Veteran's claims for service connection for neck and lower back injuries due to incomplete VA examination notifications, missing records from Fort Benning, Fort Bragg, General Hospital Kraven Lock, and Baltimore VAMC, as well as private treatment records of Drs. Margolese and Knair.
The deciding factor: The Board found that the Veteran's claims were not properly notified of the VA examination and had incomplete medical records which affected the completeness of the record for consideration.
- Claimed conditions
- residuals of a neck injury, residuals of a lower back injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2012
- Citation
- 1242662
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 1242662.
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.
- Granted
The Board has granted the Veteran's claim for service connection for residuals of a neck injury, finding that his current disability and in-service injury are related.
- Granted
The Veteran's claims for service connection for bilateral elbow disorder, bilateral hearing loss, and residuals of a neck injury have been granted. The claim for sleep apnea has been withdrawn.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA examination, and as a result, the Veteran's lay statements regarding his back condition will be considered.
- Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral hearing loss, tinnitus, lower back injury, upper back injury, and aggravated left knee injury due to errors in duty to assist. The AOJ is required to verify any periods of active duty for training (ACDUTRA) and inactive duty for training (INADUTRA), obtain service treatment records, and schedule VA medical examinations.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.