The Board remands the matter for the AOJ to comply with and develop as necessary any duty to assist error found by the AOJ in the December 2021 rating decision/Higher Level Review return.
The deciding factor: The Board is compelled to remand this case due to a pre-decisional duty to assist error regarding obtaining federal records (i.e., the Veteran's National Guard service treatment records).
- Claimed conditions
- right hip disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065716
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.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board dismissed the claims for service connection for right and left lower extremity, lumbar radiculopathy as they were already granted. The claims for service connection for a right hip disorder, left hip disorder, right elbow disorder, left elbow disorder, and cervical spine disorder are remanded for further development.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a right hip disorder for further development, specifically requiring an addendum medical opinion from a VA doctor.
- Remanded (sent back)
The Board remands the service connection claims for various conditions due to a lack of compliance with previous remand directives and inadequate medical opinions.
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