The Board has granted new and material evidence to reopen the claim for service connection for a low back condition. The Veteran's low back condition is remanded for additional development, including an opinion on whether it is related to his service-connected left great toe amputation. His claim for a higher rating for his left great toe amputation with residual scarring is also remanded.
The deciding factor: The Board found that new evidence received since the last denial relates to unestablished facts necessary to reopen the previously denied claim for service connection, and thus the Veteran's low back condition claim is remanded for additional development including an opinion on whether it is related to his service-connected left great toe amputation.
- Claimed conditions
- low back condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2019
- Citation
- 19106279
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 increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Remanded (sent back)
The Board remands the claim for service connection of a low back condition to obtain an adequate medical opinion, as the presumption of soundness has not been rebutted.
- Granted
The Board granted service connection for a low back condition, finding that the Veteran's current disability had its clinical onset during his active duty service.
- Granted
The Board granted service connection for a low back condition, resolving reasonable doubt in favor of the Veteran.
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