The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for neck pain, back pain and residuals of back surgery, left knee pain, and right knee pain. The claims are now remanded for further development.
The deciding factor: The VA examinations provided negative nexus opinions based on inaccurate histories or incomplete analyses, which do not meet the standard set by Barr v. Nicholson (2007).
- Claimed conditions
- neck pain, back pain and residuals of back surgery, left knee pain, right knee pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19146393
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 granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
- Remanded (sent back)
The Board remands the claims for service connection for chronic diarrhea, headaches, and neck pain for initial adjudication on the merits by the AOJ.
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