The Board has remanded the case due to a lack of an adequate etiology opinion regarding whether the Veteran's neck disability is secondary to his service-connected disabilities. The examiner must consider the new legal definition of aggravation and provide an opinion based on this.
The deciding factor: The Court held that 'permanent worsening' of a non-service-connected disability is not required for secondary service connection on the basis of aggravation, thus requiring consideration of temporary worsening.
- Claimed conditions
- neck disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2019
- Citation
- 19193259
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 19193259.
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.
- 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.
- Dismissed
The appeal was dismissed due to the Veteran's death, as an appellant's claim does not survive their death.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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