The Board remands the appeal for the AOJ to obtain additional evidence, including VA and private treatment records from after separation from service.
The deciding factor: The AOJ did not take necessary steps to obtain all of the Veteran's VA treatment records and other relevant medical records, which is a pre-decisional duty to assist error that requires remand.
- Claimed conditions
- low back sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2024
- Citation
- A24073385
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.
- Partly granted
The Board granted service connection for migraine headaches as secondary to the Veteran's asthma with sinusitis, but denied service connection for a low back sprain and plantar fasciitis. The claim for a neck condition was dismissed.
- Partly granted
The Veteran's service connection for migraine headaches was granted as secondary to his service-connected disabilities, while other conditions were denied.
- Partly granted
The Board granted a 10 percent rating for right knee meniscal repair and denied ratings greater than 10 percent for the right knee ACL tear, an initial compensable rating for allergic rhinitis, and service connection for various conditions.
- Partly granted
The Veteran's tinnitus is granted service connection, while the other claims are remanded for further development.
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