The Board has determined that new and relevant evidence has been received to readjudicate the claims of service connection for various lower back, knee, ankle, and radiculopathy disabilities. The claims are being remanded due to pre-decisional duty-to-assist errors regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).
The deciding factor: The Board found that new evidence was received, but there were pre-decisional duty-to-assist errors in not confirming the Veteran's ACDUTRA and INACDUTRA periods.
- Claimed conditions
- lower back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, left knee disability, right knee disability, left ankle lateral collateral ligament sprain, right ankle lateral collateral ligament sprain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2023
- Citation
- A23028329
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 A23028329.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient rationale in the July 2012 VA examination for the Veteran's left knee disability, and a new addendum opinion is needed.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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