The appeal has been expanded to include all back disorders, and a new VA examination is needed due to the inadequacy of the previous opinion. The examiner must assess whether any diagnosed arthritic conditions existed prior to service and if they are related to service.
The deciding factor: The previous opinion was inadequate as it did not consider the Veteran's testimony about chronic back pain since service and failed to fully assess whether a preexisting condition was aggravated by an in-service injury.
- Claimed conditions
- back disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2019
- Citation
- 19131391
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 veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
- Denied
The Board denied service connection for a left shoulder disorder, right shoulder disorder, back disorder, and neuropathy as the evidence did not support a finding that these conditions were related to the Veteran's military service.
- Remanded (sent back)
The Board remands the case for further development and verification of any additional periods of active duty, ACDUTRA, or INACDUTRA.
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