The Board has determined that a remand is necessary to obtain a new VA medical opinion regarding the Veteran's claim for compensation under 38 U.S.C. § 1151 for additional back disability due to VA treatment resulting in him falling on his back in October 2016.
The deciding factor: The Board finds that the examiner provided conflicting opinions as to whether the Veteran’s current back condition was caused by or became worse as a result of VA treatment, and thus another examination is necessary.
- Claimed conditions
- Degenerative disc disease of the spine, L5-S1 anterior spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- 19176351
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.
- Remanded (sent back)
The Board remands the claims for further development and readjudication due to non-compliance with previous remand instructions.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as a TDIU.
- Granted
The Veteran's service-connected disabilities require the aid and attendance of another person to perform personal care functions or to protect him from hazards and dangers incident to his daily environment, warranting special monthly compensation (SMC) based on regular aid and attendance.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.