The Board has determined that the VA examinations for back, neck, and arthritis conditions were inadequate due to lack of substantial compliance with its November 2019 remand. The case is being returned to the agency of original jurisdiction (AOJ) for further development.
The deciding factor: The VA examinations did not provide a clear rationale for their opinions and failed to consider the Veteran's statements and other evidence in the claims file.
- Claimed conditions
- lumbar spine injury, neck injury, chronic arthritis all joints
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2020
- Citation
- 20042300
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 20042300.
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 concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.
- Granted
The Board has granted the Veteran's request to recognize his December 17, 2008 correspondence as a timely and valid Notice of Disagreement (NOD) with the November 2008 rating decision. The underlying compensation claims will be addressed in a separate Board decision under the Legacy appeal system.
- Granted
The Veteran's kidney stones, neck injury, asthma, and right leg or knee disability are all granted. The Veteran is also awarded a 30% rating for his neck injury. However, the claims for service connection for asthma and right leg or right knee disabilities are remanded due to lack of proper development.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors, including failure to obtain VA and private medical records related to his hip conditions, neck injury, and right shoulder injury.
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