The Board has remanded the Veteran's claims for service connection for degenerative arthritis of the lumbar spine, left knee strain, and right knee strain due to pre-existing duty to assist errors. The VA clinician is requested to provide opinions regarding direct and secondary service connection.
The deciding factor: The VA clinician must consider the STRs showing the Veteran's fall off a truck during service in 1987, his complaints of low back pain and bilateral knee conditions since then, and Dr. C.C.'s positive nexus opinion relating these conditions to OSA.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Left knee strain, Right knee strain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2024
- Citation
- A24083763
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 A24083763.
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 Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Board denied an initial rating higher than 10 percent for left knee strain and granted an initial 60 percent rating for dermatographism dermatitis.
- Partly granted
The Board denied service connection for bilateral hearing loss and tinnitus, while remanding claims for depression, anxiety, sleep disorder, right knee strain, left knee strain, and lumbar spine strain.
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