The Board has reopened the claims for service connection of back and left foot disabilities, but has remanded the remaining issues due to lack of service treatment records.
The deciding factor: The Veteran's service treatment records are unavailable, necessitating a search by VA to locate them.
- Claimed conditions
- back disability, bilateral shoulder disability, left elbow disability, left foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2020
- Citation
- 20004333
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.
- 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.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Denied
The Board denied service connection for a right foot disability and left foot disability as the evidence did not support that the preexisting conditions worsened beyond their natural progression during active duty for training (ACDUTRA).
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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.