The Board has decided to remand the case due to failure to obtain substantial compliance with January 2018 remand instructions, and for a new medical opinion regarding the etiology of the Veteran's back disabilities.
The deciding factor: The Court-endorsed Joint Motion found that the July 2018 VA examination report did not substantially comply with the terms of the Board’s January 2018 remand due to the examiner's repeated statements that his opinion was informed by the lack of medical records showing that the Veteran was injured in service.
- Claimed conditions
- back disability (status post laminectomy at L5-S1, degenerative disc disease at L4-5 with chronic muscular strain, and T12 compression fracture)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179306
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 obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.