The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for an increased disability evaluation for her service-connected low back pain and lumbar myositis. The case is REMANDED for obtaining VAMC treatment records from October 2006 to the present, scheduling a new VA spine examination, and readjudicating the claim.
The deciding factor: The appellant's current disability rating of 20 percent does not reflect the severity of her lumbar spine disability as she asserts. The duty to assist includes obtaining all available treatment records and providing a thorough examination to determine the current level of severity of her service-connected condition.
- Claimed conditions
- low back pain, lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2010
- Citation
- 1000952
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. Read the original VA decision (opens in a new tab) using citation 1000952.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The claim for service connection of a low back disability was reopened due to the submission of new and material evidence. The claim is denied as there is no evidence that the current condition is related to service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for heart disease, hypertension, kidney disease, and low back pain due to potential errors in duty to assist. The AOJ is required to verify the Veteran's alleged exposure to herbicide agents and obtain private treatment records.
- Granted
The Board has granted an effective date of February 26, 2011 for the award of service connection for low back pain with left sacroiliac dysfunction based on new evidence received after a final denial.
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