The veteran claims that his low back disability became worse as a result of surgery at a VA facility in January 2003. The case is being remanded to evaluate the claim under 38 C.F.R. § 3.361, which requires showing either negligence or other deviation from a legal duty.
The deciding factor: The decision must be evaluated under 38 C.F.R. § 3.361 due to its new requirements for determining fault in VA medical care claims.
- Claimed conditions
- low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 29, 2007
- Citation
- 0709280
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. Search VA.gov for the original decision (opens in a new tab) using citation 0709280.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
- Dismissed
The Veteran's appeal concerning diabetes and a low back disability has been dismissed due to their death during the pendency of the appeal.
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