The Board has remanded the claims for service connection due to a failure to ensure that VA's duty to assist was satisfied. Specifically, the Veteran’s in-service injuries resulting from a motorcycle accident on August 11, 1990 are not fully understood as there is no evidence of treatment immediately after the accident.
The deciding factor: The Board found that VA did not attempt to obtain medical records related to the Veteran's in-service injury due to his motorcycle accident.
- Claimed conditions
- depression, fracture of the left femur, left hip condition (claimed as a fracture of the left knee), fracture of the left knee, status post left total knee replacement, left radius/ulna fracture, low back disability, right knee disability, scars of the torso and right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069251
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 claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
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