The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's back disability. The examiner is asked to provide a new opinion addressing the onset and progression of the Veteran’s back disabilities during her service.
The deciding factor: The VA examiner provided conflicting diagnoses and did not adequately address the Veteran's complaints of back pain and muscle spasms throughout her service period, requiring clarification and additional examination.
- Claimed conditions
- Degenerative Arthritis, Degenerative Disc Disease, Intervertebral Disc Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19104777
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.
- Partly granted
The Board restored the 40% rating for IVDS and denied a compensable rating for the mid-back scar. The claims for higher ratings and TDIU were remanded for further development.
- Denied
The appeal of a proposed reduction of the evaluation of left knee meniscal tear, status post arthroscopic repair with chondromalacia, to include degenerative arthritis from 20 percent to 10 percent is dismissed. The Veteran's claim for a rating in excess of 20 percent for his service-connected left knee disability was also denied.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to her service-connected disabilities, which include posttraumatic stress disorder and various musculoskeletal conditions.
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