The Board has decided to remand the cases for further development and examination, including obtaining additional medical records and conducting a VA examination.
The deciding factor: The Joint Motion found that the duty to assist was not met due to inadequate examination reports addressing functional loss during flare-ups, and that the TDIU issue is inextricably intertwined with the increased evaluation claim.
- Claimed conditions
- Arthritis, Narrowing at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2019
- Citation
- 19160512
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 19160512.
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 claims for a rating in excess of 10 percent for right third toe disability and entitlement to TDIU due to outstanding evidence and further development.
- Partly granted
The Board denied service connection for an acquired psychiatric disability and tuberculosis, granted service connection for right ear hearing loss, and granted an earlier effective date for the grant of service connection for pulmonary fibrosis.
- Denied
The Board denied service connection for bilateral hearing loss, colon cancer, arthritis, a respiratory disability (asthma/COPD), obstructive sleep apnea (OSA), and an acquired psychiatric disorder due to insufficient evidence of current disabilities or links to service.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral hip condition, flat feet, arthritis, hearing loss, and sleep apnea due to pre-decisional duty to assist errors.
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