The Board remands the claim for a neck disability to correct duty to assist errors that occurred prior to the July 2021 rating decision on appeal.
The deciding factor: The March 2020 and May 2021 medical opinions are inadequate as they do not address the Veteran's lay statements regarding the onset of his symptoms or whether the disability pre-existed service.
- Claimed conditions
- neck disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066322
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.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Dismissed
The appeal was dismissed due to the Veteran's death, as an appellant's claim does not survive their death.
- Denied
The Veteran was awarded service connection for allergic rhinitis based on the PACT Act, but an earlier effective date prior to August 10, 2022, is not warranted.
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