The Board has remanded the case due to a duty-to-assist error, specifically missing medical records and inadequate opinions regarding the nature and etiology of the Veteran's back disabilities. The AOJ is instructed to obtain authorization for private treatment records from Dr. S. B. at Northwestern Medicine and request an opinion on the nature and etiology of the Veteran's back disabilities.
The deciding factor: The Board found that there were pre-decisional duty-to-assist errors, specifically missing medical records and inadequate opinions regarding the nature and etiology of the Veteran's back disabilities. The AOJ is required to correct these errors by obtaining authorization for private treatment records and requesting an opinion from a clinician.
- Claimed conditions
- back disability, lumbosacral strain with lumbar spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 14, 2024
- Citation
- A24046709
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 A24046709.
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 reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.