The Board remands the claims for service connection for lumbar spine, bilateral knee, bilateral hip, bilateral shoulder, and bilateral ankle disorders due to a lack of compliance with prior remand directives.
The deciding factor: The December 2022 opinion did not adequately address the Veteran's lay statements regarding the onset of his disabilities and continued to rely on the absence of in-service treatment records as the reason for denying service connection, which is insufficient under Stegall v. West, 11 Vet. App. 268 (1998).
- Claimed conditions
- lumbar spine disorder, bilateral knee disorder, bilateral hip disorder, bilateral shoulder disorder, bilateral ankle disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2024
- Citation
- 24003479
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.
- Dismissed
The Veteran withdrew his claims for service connection for a lumbar spine disorder, diabetes mellitus, and bilateral diabetic neuropathy.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disorder with radiculopathy of the lower extremities and bilateral hip and knee disorders due to the need for VA examinations.
- Denied
The Board denied service connection for a bilateral shoulder disorder as it was less likely than not related to the Veteran's service or caused by falls due to his service-connected hip and lumbar spine disabilities.
- Dismissed
The Board denied the veteran's appeal for timely filing of an appeal request, dismissing the attempted appeal.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.