The Board has decided that the Veteran's claims for service connection for neck disability, thoracolumbar spine disability, right lower extremity radiculopathy, and left lower extremity radiculopathy should be remanded due to a lack of in-person examinations. The VA is instructed to attempt to obtain these examinations from the correctional facility where the Veteran is incarcerated.
The deciding factor: The Board found that the RO did not take all reasonable steps to obtain in-person examinations for the Veteran, who was incarcerated at the time of the appeal.
- Claimed conditions
- neck disability, thoracolumbar spine disability, left shoulder disability, lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2023
- Citation
- 23009273
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 23009273.
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 denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Remanded (sent back)
The Board has decided to remand the claim for service connection of a neck disability due to pre-decisional error in not obtaining a VA examination and medical opinion.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has remanded the claims for service connection for neck and back disabilities due to a lack of medical evidence supporting the Veteran's assertions. The VA will obtain an examination and provide an opinion on whether these disabilities are related to service.
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