The Veteran's petition to reopen claims for service connection for a back disability, brain tumor, and foot disability is granted. The cases are remanded due to the need for additional development including verification of periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA), as well as VA examinations.
The deciding factor: The claims were previously denied without a thorough review of all submitted evidence, particularly regarding the nature and etiology of the Veteran's disabilities. The need for verification of service dates and VA examination is required to provide a complete record for decision-making.
- Claimed conditions
- back disability, brain tumor, foot disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066055
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.
- 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 Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
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