The Board has remanded the Veteran's claims for service connection for a back condition, bilateral knee condition, and hypertension. The VA examinations were inadequate as they did not consider the lay statements of record. A new VA opinion is needed to determine the etiology of the Veteran’s conditions with consideration of his fellow serviceman's statement.
The deciding factor: The VA examinations did not adequately address the Veteran's lay statements regarding his in-service injuries and exposure, which are important for determining the etiology of his conditions.
- Claimed conditions
- Back condition, Bilateral knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106762
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.
- Partly granted
The Board denied service connection for GERD and remanded the claims for bilateral ankle, knee, hip, headache, and lower back conditions due to insufficient evidence.
- Partly granted
The Board granted service connection for an acquired psychiatric condition and a TBI, but denied the claim for PTSD as moot. The claims for service connection for a neck condition and back condition were remanded.
- Partly granted
The Board granted an initial rating of 10 percent for bilateral hearing loss but denied service connection for a back condition, left foot disability, right foot disability, and right shoulder condition.
- Denied
The Board denied service connection for chronic obstructive pulmonary disease, a lower back condition, and a left hip condition. The right hip and bilateral knee conditions were remanded for further development.
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