The Board remands the issues of service connection for various disabilities, including right and left knee disabilities, back disability, fibromyalgia, and dental disability, to ensure compliance with VA's duty to assist by obtaining relevant private treatment records.
The deciding factor: A remand is required to ensure that all available relevant private treatment records are obtained before making fully informed determinations about the issues of service connection.
- Claimed conditions
- right knee disability, left knee disability, back disability, fibromyalgia, dental disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004541
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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- 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.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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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.