The Board has decided to remand the claim of service connection for back pain as secondary to bilateral knee patellar femoral syndrome disabilities due to a pre-decisional duty to assist error. The Veteran's claims file should be forwarded to a qualified VA examiner to provide a nexus opinion on his lower back pain.
The deciding factor: The Board found that the AOJ's cancellation of both the examination and the request for a secondary service connection nexus opinion constituted a pre-decisional duty to assist error.
- Claimed conditions
- back pain, bilateral knee patellar femoral syndrome
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2024
- Citation
- A24078294
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 A24078294.
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 has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for back pain and neck pain, finding no current disability. The claim for Non-Hodgkin's lymphoma is remanded due to inadequate consideration of all potential exposures.,The claim for an acquired psychiatric disability (PTSD) is also remanded due to a lack of development of the Veteran's therapist's records.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
- Granted
The Board has granted service connection for a back disability, including back pain and lumbosacral strain, finding that the evidence is at least in relative equipoise as to whether the Veteran's current back disability is related to his active-duty service.
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