The Veteran seeks service connection for low back disability. The Board has determined that a new VA examination is needed to determine the current nature and etiology of any claimed back disability, as well as whether it is related to service.
The deciding factor: The opinion provided by the previous VA examiner did not consider the possibility of chronic back pain during an interval post-service due to substance abuse.
- Claimed conditions
- lumbosacral degenerative joint disease, disc disease L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2016
- Citation
- 1628490
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 1628490.
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 Veteran's claim for a higher rating for his lumbosacral degenerative joint disease and herniated nucleus pulposus (lumbar spine disorder) was denied as the disability does not meet or more nearly approximate the criteria for a rating greater than 20 percent.
- Granted
The Veteran's service-connected disabilities, including an acquired psychiatric disorder, lumbosacral degenerative joint disease, tinnitus, right elbow degenerative joint disease, and others, prevent him from securing or following substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU) effective August 13, 2021.
- Denied
The Veteran's initial claim for a higher rating for his back disability was denied, and he is currently rated at 10 percent. The Board found that the evidence did not support an increase in rating beyond this level during the period from July 1, 2013 through September 6, 2018. For the period since September 7, 2018, the criteria for a higher rating were also not met.
- Dismissed
The Board dismissed the appeal for a rating greater than 20 percent for lumbosacral degenerative joint disease as the appellant requested to withdraw his appeal.
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