The Board has remanded the case for further examination and development due to the veteran's contention that his current upper back disability is related to military service or is a result of his service-connected low back disability.
The deciding factor: The examiner should determine if there is at least a 50% likelihood that the veteran's current upper back disability is related to his military service or secondary to his service-connected low back disability.
- Claimed conditions
- upper back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2004
- Citation
- 0409267
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 0409267.
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 tinnitus, remanded claims for service connection for an upper back disability and headaches, and remanded the claim for a compensable rating for left recurrent corneal erosion syndrome.
- Partly granted
The Board granted service connection for lumbosacral strain, secondary to the Veteran's service-connected bilateral hip and knee disabilities, but denied service connection for an upper back disability.
- Remanded (sent back)
The Board remands the claims for service connection for an upper back disability and lower back pain due to a pre-decisional duty to assist error.
- Denied
The Board denied service connection for tinnitus, an upper back disability, and a thoracolumbar spine disability as the evidence did not support a finding that these conditions were related to the Veteran's active or Reserve service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.