The Board has remanded the case for further development and adjudication due to inadequate opinions from VA examiners regarding the Veteran's low back and gastrointestinal conditions.
The deciding factor: VA examiners failed to acknowledge the Veteran's report of a continuity of symptomatology in their opinions, which is necessary to determine whether his conditions are related to service.
- Claimed conditions
- myositis of the lumbar spine (low back disability), stomach condition, hiatal hernia and gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2009
- Citation
- 0923459
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 0923459.
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 residuals of resection of small intestine due to remaining internal scar tissue from a service-connected gunshot wound. However, the Veteran does not have a documented current diagnosis of a stomach condition and therefore, service connection for a stomach condition is denied.
- Dismissed
The Veteran's appeals for service connection were dismissed due to his withdrawal of the appeal, and he was denied for stomach condition, liver condition, and depression.
- Remanded (sent back)
The Veteran's claim for service connection for a stomach condition, to include GERD, is remanded due to the need for a VA examination and medical opinion.
- Denied
The Board has denied service connection for various conditions, including a stomach condition, neck disability, lower back disability, bulging discs in the back, uterine fibroids, asthma (claimed as breathing problems), Graves' disease (thyroid disability), hypertension, and tachycardia. The Board found that there is no evidence of these conditions being related to service or toxic exposures.
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