The Board has remanded the claims of entitlement to service connection for right knee disability, left knee disability, and back disability due to the Veteran's incarceration.
The deciding factor: The VA is unable to provide an examination due to the Veteran's incarceration status, which limits their ability to arrange transportation or obtain medical records from the correctional facility.
- Claimed conditions
- right knee disability, left knee disability, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130470
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.