The Veteran's service connection claim for a back disability is reopened. An initial increased rating of 70 percent is granted for his service-connected depression during the entire appeal period, subject to the laws and regulations governing the award of monetary benefits. A total disability rating based on individual unemployability (TDIU) is granted.
The deciding factor: The Veteran's sister provided testimony indicating that he has had back problems since service and believes his current back condition is related to jumping off tanks during service, which raises a reasonable possibility of substantiating the claim for service connection.
- Claimed conditions
- Back disability, Left leg condition, Right leg condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2019
- Citation
- 19157350
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19157350.
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 the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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