The Board remands the Veteran's claims for further development, including obtaining additional evidence and examinations.
The deciding factor: The VA has not substantially complied with the September 2023 Board decision instructions due to the Veteran's failure to attend scheduled examinations and his current placement in a nursing home.
- Claimed conditions
- back impairment, left knee strain, left knee instability, kyphosis (secondary to back, neck, and shoulder impairments), sleep impairment (secondary to musculoskeletal pain), left shoulder impairment (secondary to service-connected disorders)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- 24031568
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 granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent for bilateral hip and knee disabilities, as well as a TDIU claim, to ensure adequate VA examinations are conducted.
- Dismissed
The Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
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