The Veteran's back disorder is presumed to have been aggravated by service, but the Board needs further medical opinions to determine if this aggravation was clear and unmistakable.
The deciding factor: The current back disorder is presumed to be due to service because it is considered an increase in severity of a pre-existing condition (spondylolysis) that existed prior to service.
- Claimed conditions
- spondylolysis, increased lumbosacral angle
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2010
- Citation
- 1040322
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 1040322.
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 Veteran's spondylolysis was granted a 40 percent rating from November 25, 2013 to October 26, 2023. The condition resulted in forward flexion of the thoracolumbar spine being limited to 20 degrees during use over time.
- Dismissed
The Veteran's attorney has withdrawn the appeal, and thus the claims for increased ratings are dismissed.
- Remanded (sent back)
The Board remands the claim for a VA examination and additional evidence development to determine if there is a nexus between any lower back disability and the Veteran's active service.
- Denied
Service connection for sleep apnea was denied because the evidence did not show a relationship to service. An initial rating in excess of 10 percent for spondylolysis was also denied.
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