The Board has remanded the case for a VA examination to determine if any diagnosed low back disabilities clearly and unmistakably existed prior to entry into active service, whether there was an increase in severity during service, and whether the Veteran's May 2009 civilian employment injury caused her current low back disorders.
The deciding factor: The Board found that the April 2016 VA examiner's opinion is not dispositive of the issue because it did not address the standard incorporated in the law as to a pre-existing condition. The burden is on the government to rebut the presumption of soundness by clear and unmistakable evidence.
- Claimed conditions
- lumbosacral strain, degenerative disc disease of the thoracolumbar spine
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 14, 2017
- Citation
- 1704444
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 1704444.
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 service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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