The appeal is remanded for a new examination to determine the current severity of the veteran's service-connected low back disability, distinguishing symptoms attributable to the service-connected condition from non-service connected disorders.
The deciding factor: There are conflicting reports regarding the symptoms associated with the veteran's service-connected low back disability, necessitating a new examination to clarify the degree of impairment due to the service-connected disorder.
- Claimed conditions
- lumbar muscle strain, post-operative right L-5 lumbar disc excision, and degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 22, 2008
- Citation
- 0816922
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.
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