The Board remands the issues of an initial rating in excess of 10 percent for right hip strain, service connection for back disability, and service connection for migraine disability.
The deciding factor: A remand is necessary to ensure due process and readjudicate the claims based on updated evidence.
- Claimed conditions
- right hip strain, back disability, migraine disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000920
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
The Board grants service connection for a right hip strain, resolving reasonable doubt in favor of the Veteran based on evidence showing an onset during service and continuous symptoms since then.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.