The Board has remanded the claims for SAH and SHAG due to a duty to assist error, as there is insufficient evidence regarding the severity of the Veteran's service-connected disabilities. The Veteran needs an examination to determine if his service-connected conditions meet the criteria for SAH or SHAG.
The deciding factor: The Board found that new relevant evidence was submitted but did not consider it in its decision due to a duty to assist error, specifically regarding the lack of recent examinations of the Veteran's service-connected disabilities.
- Claimed conditions
- bilateral lower extremity disabilities, spinal condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2024
- Citation
- A24021221
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 A24021221.
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.
- Granted
The Veteran's bilateral lower extremity disabilities, including sciatica, are granted on a secondary basis to his service-connected back disability. The Board found that the evidence is in equipoise as to whether the Veteran has been unable to secure or follow gainful employment due to his service-connected disabilities.
- Remanded (sent back)
The Veteran's appeal for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment is remanded due to a duty to assist error. A VA examination is needed to determine if his service-connected disabilities result in loss or permanent loss of use of one or both feet.
- Remanded (sent back)
The Veteran's claim for an automobile or other conveyance and adaptive equipment allowance is remanded due to unclear functional loss in his lower extremities resulting from service-connected disabilities. The Board finds a pre-decisional duty to assist error occurred by failing to schedule the Veteran for a VA examination.
- Remanded (sent back)
The Board remands the claim for a spinal condition to obtain an adequate medical opinion that addresses the Veteran's lay statements and symptoms.
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