The Board has remanded the claims for service connection for an upper back/neck condition and right knee osteoarthritis and osteomalacia due to new evidence received after the initial decision. The Veteran's attorney raised a secondary service connection theory, but this cannot be considered as a duty to assist error.
The deciding factor: The Board found that there was new evidence submitted after the initial decision which established entitlement to VA medical opinion for the claims of service connection for an upper back/neck condition and right knee osteoarthritis and osteomalacia.
- Claimed conditions
- upper back/neck condition, right knee osteoarthritis and osteomalacia
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2024
- Citation
- A24027314
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 A24027314.
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 knee internal derangement with instability and joint space narrowing, tuberculosis, and an upper back/neck condition.,Service connection was granted for PTSD effective from August 31, 2012.
- Remanded (sent back)
The Board has remanded the case due to inadequate examination and new evidence is needed for a determination on service connection for an upper back/neck condition.
- Remanded (sent back)
The Board has remanded the case for further development due to incomplete medical records and need for a VA examination.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
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