The Board has remanded the Veteran's claims for low back pain, left and right great toe frostbite, and TDIU due to service-connected disabilities. The issues include determining whether a current low back disability is related to service or an in-service injury, obtaining VA treatment records, and assessing the impact of gout on employment.
The deciding factor: The Board found that VA failed to satisfy its duty to assist regarding obtaining VA treatment records and providing notice compliant with 38 C.F.R. § 3.159(e)(1), addressing X-ray abnormalities with respect to service-connected frostbite disabilities, and in conjunction with Diagnostic Code 7122.
- Claimed conditions
- low back pain, left great toe frostbite, right great toe frostbite, gout
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2020
- Citation
- 20027784
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 20027784.
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.
- Granted
The claim for service connection of a low back disability was reopened due to the submission of new and material evidence. The claim is denied as there is no evidence that the current condition is related to service.
- Remanded (sent back)
The Board has remanded the Veteran's gout claim for additional development, including obtaining an adequate VA examination and ensuring all relevant records are obtained. The TDIU claim is also being remanded.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
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