The Board remands the claims for further evidentiary development, including obtaining additional service treatment records and verifying dates of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).
The deciding factor: The opinions provided in the VA examinations were not fully responsive to the Board's remand directives and did not adequately address the Veteran's assertions regarding his claimed disabilities.
- Claimed conditions
- left elbow disability, back disability, right leg disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23001007
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 issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
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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.