The Board has determined that the current medical evidence is insufficient to decide the claim for service connection, and a new VA examination is needed.
The deciding factor: The VA examination was deficient in several ways, including failure to review the claims file before examining the Veteran or rendering an opinion.
- Claimed conditions
- spondylolysis L5, spina bifida, spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2009
- Citation
- 0922621
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 0922621.
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.
- Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- Denied
The claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida is denied because no new and relevant evidence has been submitted to support the claim.
- Denied
The Board denied service connection for a back condition, including spondylolisthesis, as the evidence did not show permanent aggravation of the preexisting condition during service.
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