The Board has remanded the Veteran's claims for service connection due to an inadequate factual basis in a previous examination and because the RO failed to obtain his report of medical history at separation. The case is now pending further development.
The deciding factor: The Court found that the Board improperly relied on a March 2006 VA examination based on an inaccurate factual predicate, and failed to satisfy the duty to assist by not obtaining the Veteran's service treatment record at separation.
- Claimed conditions
- low back disability, sciatic nerve disability, bilateral knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2013
- Citation
- 1328209
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 1328209.
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 the Veteran's claims for service connection for a bilateral shoulder disability and increased ratings for her bilateral knee disabilities, finding no evidence of in-service injury or disease related to these conditions.
- Remanded (sent back)
The Board has remanded the claims for a neurological examination to determine if any diagnosed radiculopathy or other neurological disability affecting the lower extremities was caused or aggravated by service-connected conditions.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
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