The Board has determined that additional development of the evidence is required in order to address the merits of the claim for service connection for a lower back disability. The Veteran must be scheduled for a VA examination to obtain a medical opinion concerning the etiology of his current low back conditions on the basis of in-service incurrence or aggravation.
The deciding factor: The Board found that there is not clear and unmistakable evidence to show that the Veteran suffered from a pre-existing condition prior to service, and thus the presumption of soundness does not apply. The examiner will determine whether it is at least as likely as not that any current low back disability is otherwise directly related to his military service.
- Claimed conditions
- lower back weakness, spondylosis, scoliosis, compression deformities, herniated disk, spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2009
- Citation
- 0916182
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 0916182.
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 Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
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