The Board has found that there was no substantial compliance with the requirements for VA examinations, and thus remanded the claims of service connection for lower and upper back disabilities, as well as an increased rating for bilateral hearing loss.
The deciding factor: There was a failure to provide proper notice letters and scheduling communications for the required VA examinations.
- Claimed conditions
- lower back disability, upper back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2019
- Citation
- 19130197
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 service connection for tinnitus, remanded claims for service connection for an upper back disability and headaches, and remanded the claim for a compensable rating for left recurrent corneal erosion syndrome.
- Granted
The Board granted service connection for a lower back disability, finding that the Veteran's current condition had its onset during his service and has progressively worsened since separation.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, effective March 8, 2023, but no earlier. Other claims were denied or remanded.
- Dismissed
The appeal for service connection for lower back disability, right shoulder disability, and traumatic brain injury (TBI) was denied due to the untimely filing of the Board Appeal request.
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