The Veteran's claim for service connection for a low back condition has been pending since October 1979. The Board finds that the appeal should be adjudicated without regard to new and material evidence standards as his original claim is still pending.
The deciding factor: The Veteran's original claim for service connection was denied in December 1979, but he filed several subsequent claims and requests for reconsideration. The Board found that these claims were not properly addressed due to procedural issues and thus the appeal should be adjudicated without regard to new and material evidence standards.
- Claimed conditions
- low back condition, lumbar vertebra subluxation, L5-S1 herniated disc, mild diffuse disc bulge at L2-L5 levels
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2011
- Citation
- 1115051
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 1115051.
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 the Veteran's claim for service connection of his low back condition, finding that it is related to his military service.
- Granted
The Board has granted service connection for a neck condition and a low back condition, finding that the Veteran's current diagnoses are related to his military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate development of evidence, specifically failing to provide a VA examination or medical opinion regarding his claimed bilateral ankle, knee, low back, and left shoulder conditions. The claims are being returned to the AOJ for further action.
- Denied
The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.