The Board has remanded the claims for service connection for low back and left hip disorders, as secondary to residuals of a right fibula fracture with Pellegrini-Stieda disease and osteoarthritis. The Veteran's service treatment records show complaints of back pain related to his football injury.
The deciding factor: The Board found that the VA examiner’s opinion was contradicted by the service treatment records showing complaints of back pain during service, which is a key factor in determining whether the current disorders are related to service.
- Claimed conditions
- {"condition_name":"Low back disorder","diagnosis_notes":[{"date":"September 1980","description":"Mechanical low back pain and back strain"},{"date":"October 1980","description":"Back pain following a football injury with diagnosis of contusion"},{"date":"April 1981","description":"Low back pain"}]}, {"condition_name":"Left hip disorder","diagnosis_notes":[{"date":"October 1980","description":"Back pain following a football injury with diagnosis of contusion"}],"aggravation_notes":[{"date":"April 1981","description":"Low back pain"}]}, {"condition_name":"Right fibula fracture with Pellegrini-Stieda disease and osteoarthritis","diagnosis_notes":[{"date":"September 1980","description":"Back strain and muscular low back pain"},{"date":"October 1980","description":"Contusion after being struck in the back while playing football"}]}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19146078
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.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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