The Board has remanded the claims for service connection for low back and neck disabilities due to a failure to notify the Veteran of his missing service treatment records.
The deciding factor: The decision was based on the unavailability of the Veteran's service treatment records, which required correction by notifying him and providing an opportunity to respond with additional evidence.
- Claimed conditions
- low back disability, neck disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2020
- Citation
- A20015185
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.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
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