The Veteran's lower back disability is being remanded for a new VA examination to assess its current severity, as the last examination was more than four years ago and evidence indicates the condition has worsened.
The deciding factor: The Board found that the last VA examination assessing the Veteran's lower back disability was too remote due to the passage of time and ordered an additional examination to determine the extent of limitation of motion due to pain on active and passive motion, as well as with weight-bearing and without weight-bearing.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133158
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.
- 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.
- Partly granted
The Board granted service connection for tinnitus, a lower back disability, residuals of inguinal hernia repair, residuals of umbilical hernia repair, and sinusitis. Service connection was denied for an ulcer, bilateral hearing loss, hypertension, diabetes mellitus type II, and acne.
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