The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The RO should request the Veteran's in-service clinical records, verify his periods of active duty for training or inactive duty for training, and obtain VA medical opinions to address whether his current disabilities are related to service.
The deciding factor: The Board found that the January 2019 examiner erred in citing to the lack of medical records immediately after service as substantive negative evidence. The absence of such records does not tend to disprove the Veteran's assertions, as he has provided evidence indicating that he lacked means to receive medical care during that period.
- Claimed conditions
- irritable bowel syndrome (IBS), left knee disability, left leg cramps with edema, right leg cramps with edema, left leg numbness and tingling, right leg numbness and tingling, sinus disability, to include chronic sinusitis and allergic rhinitis, low back disability, right ankle disability, right leg lymphadenopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2023
- Citation
- 23065130
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 23065130.
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.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
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