The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically in obtaining SSA records and service treatment records. The Veteran is also being asked to undergo VA examinations to determine the nature and etiology of his claimed conditions.
The deciding factor: There were errors in the pre-decisional record that required additional development, including obtaining missing medical records and conducting VA examinations.
- Claimed conditions
- Anxiety disorder, Lumbar spine condition, Left lower extremity radiculopathy associated with a lumbar spine condition, Right lower extremity radiculopathy associated with a lumbar spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 31, 2024
- Citation
- A24028490
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 A24028490.
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 Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder. The evidence is at least in balance regarding whether his current conditions are related to his military service.
- Remanded (sent back)
The Veteran's claim for SMC based on the need of regular aid and attendance has been granted. The case is remanded due to errors in obtaining necessary evidence for a TDIU rating.
- Granted
The Veteran's service-connected anxiety disorder, lumbar strain with degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy contributed to his death from congestive heart failure. The claim for DIC under 38 U.S.C. § 1318 is denied as the Veteran did not meet the criteria of having a combined rating of at least one year immediately preceding death.
- Denied
The Board has denied service connection for a psychiatric disability to include PTSD and an anxiety disorder, other than the service-connected insomnia disorder. The claims for recurrent right shoulder disability, recurrent left shoulder disability, and obstructive sleep apnea are remanded.
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