The Veteran's appeal for a higher disability rating for his chronic back pain is being remanded due to the need for a new VA examination and opinion regarding functional loss.
The deciding factor: The previous VA examination was inadequate as it did not consider whether the Veteran’s functional loss was attributable to pain during flare-ups, which could be assessed through additional testing and information from the Veteran.
- Claimed conditions
- Post fracture, transverse process L3-L5 with degenerative disc disease (chronic back pain)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- A19000345
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.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.