The Board has remanded the Veteran's claims for additional development due to deficiencies in the adequacy of VA examinations and failure to obtain private treatment records.
The deciding factor: The Board found that the August 2012 and August 2016 VA examinations were inadequate, as well as the December 2014 VA examination. The duty to assist was also not satisfied in obtaining private treatment records from Dr. Morales and addressing the Veteran's lay evidence regarding his disorders.
- Claimed conditions
- Back disability, Acquired psychiatric disorder (claimed as a nervous condition), GERD, Arthritis, including in the hands, knees, and feet, Bilateral shoulder condition, Bilateral nerve disorder of the upper extremities, Skin condition, Neck condition, Bilateral knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2022
- Citation
- 22060139
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 22060139.
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.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA opinion and a need for further examination.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Denied
The Veteran's claim for service connection for GERD is granted, and the appeal to restore a 40% rating for lumbosacral strain with degenerative arthritis, degenerative disc other than IVDS, central canal stenosis, and scoliosis prior to June 1, 2024 is dismissed.
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