The Board has remanded the claims for service connection for back and neck disorders due to a pre-decisional error in not addressing the Veteran's theories of entitlement.
The deciding factor: The failure to obtain an examination opinion that addressed the Veteran's theory of entitlement represents a pre-decisional error in the duty to assist.
- Claimed conditions
- degenerative disc/joint disease of the thoracolumbar spine (back disorder), cervical spine (neck) disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2022
- Citation
- A22022090
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 A22022090.
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 Veteran's service connection claims for various conditions have been granted, including lumbar spine DDD, cervical spine disorder, LEFT shoulder disorder, bilateral ankle disorders, and basal cell carcinoma of the skin. Secondary service connection has also been established for radiculopathy in both lower extremities.
- Denied
The Board has denied service connection for tinnitus, a sleep related disorder, a cervical spine (neck) disorder, a thoracolumbar spine (lower back) disorder, and a left knee disorder as there is no evidence of such conditions during or within one year after service.
- Denied
The Board denied service connection for all claimed conditions and a higher rating for the left ankle disability.
- Remanded (sent back)
The Board has remanded the claims for service connection for various lower extremity and spinal disorders due to inadequate VA medical opinions. The Veteran's lay statements regarding in-service injuries are not addressed, nor is secondary service connection considered.
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