The Board has remanded the cases for additional development due to insufficient medical opinions regarding the Veteran's claimed cervical spine, right knee, and right ankle disorders. The VA examiner was directed to consider the Veteran's lay statements about in-service injuries and symptoms.
The deciding factor: The VA examiner failed to provide a rationale that adequately addressed the Veteran’s lay statements regarding his in-service injuries and symptoms, which is necessary for a proper determination of service connection.
- Claimed conditions
- cervical spine disorder, right knee disorder, right ankle disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000962
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Dismissed
The Veteran withdrew the appeal for service connection for a cervical spine disorder and bilateral cataracts of the eyes.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Denied
The Board denied the claims for an increased rating for the left shoulder disorder, service connection for a cervical spine disorder, service connection for a right arm disorder, and service connection for a left arm disorder.
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