The Board has determined that additional evidence should be obtained and the claims for increased rating and reopening service connection are being remanded to the AOJ.
The deciding factor: Additional relevant VA treatment records were associated with the claims file after the issuance of the January 2020 Statement of the Case, but the AOJ did not issue a supplemental statement of the case or obtain the Veteran's waiver for initial consideration. The Veteran requested that her case be sent back to the AOJ for review.
- Claimed conditions
- cervical spine strain with subluxation and degenerative joint disease, occipital area pain after a motor vehicle accident, lung condition, low back condition, blurry vision and floaters
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2023
- Citation
- 23060658
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 23060658.
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 lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Granted
The Board has granted the Veteran's claim for service connection of his low back condition, finding that it is related to his military service.
- Remanded (sent back)
The Veteran's lung condition and obstructive sleep apnea are being remanded for additional development to determine if they are related to service, specifically his in-service pneumonia. The claims will also be reviewed for secondary service connection due to the Veteran's tinnitus and hearing loss.
- Granted
The Board has granted service connection for a neck condition and a low back condition, finding that the Veteran's current diagnoses are related to his military service.
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