The Veteran is seeking service connection for his current back injury residuals, which he claims had its onset during service. The VA has been unable to obtain the Veteran's service treatment records due to their destruction. The case is being remanded to determine if the Veteran currently has back injury residuals and to provide a medical opinion regarding the etiology of any such residuals.
The deciding factor: The VA cannot make a determination on the claim without obtaining the Veteran's service treatment records, which are presumed destroyed during service.
- Claimed conditions
- back injury residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2014
- Citation
- 1403238
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 1403238.
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 service connection for the Veteran's back injury residuals, finding that her current condition is more likely than not caused by a back injury she sustained during active duty in August 1997.
- Dismissed
The Board has dismissed the appeals for service connection of right knee condition, left knee condition, and back injury residuals due to the Veteran's death.
- Remanded (sent back)
The Board has dismissed the appeals for eligibility to specially adapted housing and automobile or adaptive equipment due to the Veteran's death. The claims of increased ratings for right foot neuropathy, left foot neuropathy, and Dependents Educational Assistance (DEA) are remanded as new evidence is needed.
- Remanded (sent back)
The Board has determined that the appeal was improperly docketed and is remanding the issues of whether new and material evidence has been received to reopen the claim for service connection for back injury residuals and service connection for a right foot disability to include fracture residuals.
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