The Board has determined that the Veteran's right knee/leg and low back disabilities are related to his in-service activities, but more evidence is needed to determine if these conditions clearly and unmistakably preexisted service or were aggravated by service. The Veteran also needs a VA examination for his headaches and sleep disturbance.,For his low back disability, the Board has determined that there may be an aggravation of this condition due to his right knee/leg disability. For his headaches, the Board has determined that they are related to his PTSD.
The deciding factor: The Veteran's service treatment records indicate complaints and diagnoses related to his right knee/leg and low back disabilities during service. The examiner will need to determine if these conditions clearly and unmistakably preexisted service or were aggravated by service.,For the low back disability, the Board has determined that there may be an aggravation of this condition due to his right knee/leg disability. For the headaches, the Veteran's PTSD is already service-connected, so any additional disabilities must be related to other factors such as stress from his right knee/leg and back disabilities.
- Claimed conditions
- The Veteran has a right knee/leg disability that he believes is related to an injury sustained before joining the military., The Veteran has a low back disability, which he attributes to in-service activities and heavy gear use during service. He also suggests it may be aggravated by his right knee/leg disability., The Veteran reports having headaches that he believes are related to his service-connected PTSD and the stress caused by pain from his back and right leg disabilities., The Veteran has reported current sleep disturbance issues, which he attributes to his service-connected PTSD and the stress caused by his headaches and right knee/leg disability. He also suggests it may be aggravated by his back pain.
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066354
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.