The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to procedural errors in the initial adjudication by the RO.
The deciding factor: The RO incorrectly adjudicated the Veteran's claims as service connection requests instead of compensation under 38 U.S.C. § 1151, despite the Veteran not raising a claim for service connection and indicating that his disabilities were due to a motor vehicle accident after military service.
- Claimed conditions
- bilateral knee erratic strain pain, bilateral shoulder pain, crotch pain, ear pain, headaches/stress escalation, erratic muscle cramps, poor stamina, stiff/tight muscles (claimed as bilateral leg muscle cramps), spinal pain, skull to lower back (also claimed as spine injury and skull injury), muscle pain behind skull (also claimed as neck condition and skull injury), sciatic muscle pain, lower back, vision impairment
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2022
- Citation
- A22025853
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 A22025853.
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 has remanded the Veteran's claims for service connection due to missing records and a pre-decisional duty to assist error. The claims will be readjudicated after obtaining any necessary records.
- Remanded (sent back)
The Veteran's claims for higher ratings and service connection are being remanded due to scheduling conflicts preventing VA examinations, and the claim for a higher rating based on multiple noncompensable disabilities is inextricably intertwined with other pending claims.
- Denied
The Veteran's claim for an allowance for an automobile or other conveyance and adaptive equipment was denied as he is not in receipt of service-connection for the conditions that would qualify him for such benefits, and his service-connected disabilities do not meet the criteria for loss of use of a foot.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for bilateral shoulder pain, right hip strain, and degenerative arthritis of the lumbar spine due to pre-decisional duty-to-assist errors. The AOJ is instructed to verify all periods of active duty reserve (ACDUTRA and INACDUTRA) and obtain addendum opinions from VA examiners.
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