The Board finds that the veteran's report regarding his back injury is credible and reasonably establishes some level of back injury in service, and a VA compensation and pension examination is warranted to determine if there is a relationship between the current low back disability and the in-service injury.
The deciding factor: Given the credible account of an in-service back injury and the presence of a current low back disability, a VA examination is necessary to establish a connection.
- Claimed conditions
- low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2008
- Citation
- 0809685
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 remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
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.