The veteran's appeal is being remanded for a VA examination to determine the nature and severity of his chronic low back disorder, including whether it had its onset during service or was aggravated by service. The RO will also consider relevant regulations and case law.
The deciding factor: A thorough physical evaluation is needed to determine the current state of the veteran's spinal conditions and their relationship to service.
- Claimed conditions
- chronic low back disorder, spina bifida occulta, spondylolysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2006
- Citation
- 0600770
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 the appellant's claims for benefits under 38 U.S.C. § 1805 and § 1815, finding that she does not have a form or manifestation of spina bifida other than spina bifida occulta, and her mother is not a Vietnam Veteran.
- Denied
The Board denied the appellant's claim for benefits under 38 U.S.C. § 1805 for spina bifida, as he does not have a diagnosis of spina bifida other than spina bifida occulta.
- Partly granted
The Board denied benefits for a child born with birth defects and spina bifida, but granted service connection for spina bifida occulta.
- Denied
The Board denied benefits for spina bifida occulta as the Appellant does not meet the criteria for benefits under 38 U.S.C. § 1805.
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