The appeal is remanded to correct a duty to assist error that occurred prior to the May 2021 rating decision on appeal.
The deciding factor: The examination provided by VA was found to be inadequate due to internal inconsistencies and lack of specific measurements during flare-ups and with repeated use over time.
- Claimed conditions
- lumbar strain, and dextroscoliosis, apex at L4
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063808
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.
- Remanded (sent back)
The Board remands the case for further development, including obtaining new medical opinions and examination reports to address the issues of service connection and increased ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations and TDIU due to missing records.
- Partly granted
The Board granted service connection for bilateral pes planus, lumbar strain, and left knee strain. The initial rating period from March 5, 2024, was denied for allergic rhinitis.
- Granted
The Board granted service connection for lumbar strain, finding that the Veteran's current condition had its onset during active service.
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