The Board remands the case to attempt to obtain records that might corroborate the Veteran's claim of filing a formal VA benefits claim in 2009.
The deciding factor: The Court noted that records from the RO showing that the Veteran was there could corroborate his statements, but the record does not show that VA made any efforts to obtain these records.
- Claimed conditions
- cervical spine disc herniation, right shoulder labral and rotator cuff tears/bursitis, left shoulder labral and rotator cuff tears/bursitis, left shoulder scar, lumbosacral spine degenerative disk disease, mid/low back scar, peripheral neuropathy of the left sciatic nerve, peripheral neuropathy of the left external popliteal/anterior tibial/anterior crural nerves, peripheral neuropathy of the right sciatic nerve, left knee status post meniscal tear, left knee scar, right knee status post meniscal repair, right knee scar, right ankle lateral collateral ligament sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000332
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.
- Denied
The Board denied service connection for right and left knee, shoulder, and knee scars disabilities, as well as a compensable disability rating for hypertension.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (r)(2) level due to his service-connected disabilities requiring a higher level of care.
- Dismissed
The Veteran withdrew his appeal for a compensable evaluation of the left knee scar, and the Board dismissed the claim.
- Denied
The Board denied service connection for various conditions and denied increased ratings for several service-connected disabilities, as the evidence did not support a finding of current disability or aggravation related to service.
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