The Board has determined that the VA examination and opinion are inadequate for determining service connection due to an incomplete or inaccurate factual premise. The Veteran's lay statements regarding in-service back pain and injuries have not been considered, and the examiner did not consider the Veteran's first period of active duty from July 1967 to May 1970.
The deciding factor: The VA examiner based the opinion on an incomplete or inaccurate factual premise as there was no evidence reflecting complaints of back pain during the Veteran's periods of active duty, and the examination did not consider the Veteran's first period of service from July 1967 to May 1970.
- Claimed conditions
- Low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2013
- Citation
- 1333114
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 1333114.
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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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