The Veteran's initial rating for low back disability prior to October 6, 2016 was denied. The case is remanded due to new evidence showing worsening of the condition.
The deciding factor: New chiropractic treatment records were not included in the claims file and need to be obtained to assess current severity of the Veteran's low back disability.
- Claimed conditions
- lumbar spine muscle spasm, spondylosis, degenerative arthritis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 29, 2019
- Citation
- 19106744
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.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
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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.