The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's back disorder is related to service. The examiner needs to address if there was a superimposed injury during service and if his current conditions are related to military service.
The deciding factor: The VA examiner did not adequately address whether the Veteran’s congenital defect of spina bifida occulta had a superimposed disease or injury during service, nor whether his degenerative arthritis and degenerative disc disease were related to any instance of his military service.
- Claimed conditions
- back disorder, degenerative disc disease of the cervical spine, degenerative arthritis and degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149049
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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