The Board has remanded the claims for service connection due to a pre-decisional duty to assist error. The Veteran's DJD of the lumbar spine, cervical spine, and migraines are being reviewed again with an aim to determine their relationship to his active duty service.
The deciding factor: The Board found that there was insufficient evidence regarding the onset and etiology of the Veteran's claimed conditions during his period of active duty service.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Degenerative Joint Disease (DJD) of the cervical spine, Migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2020
- Citation
- A20015352
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 the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
- Granted
The Board granted service connection for degenerative arthritis and spinal stenosis of the lumbar spine, degenerative disc disease and spinal stenosis of the cervical spine, migraines, and tinnitus secondary to PTSD.
- Partly granted
The Board granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
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