The Board has decided to remand the case due to inconsistencies in the July 2016 VA opinion regarding the Veteran's back disorder. An addendum opinion is needed to determine if the current degenerative disc and joint disease at L3/4 and L4/5 are related to service.
The deciding factor: The July 2016 opinion was based on inconsistent evidence, including silent treatment records and a lack of documentation before 2014 x-rays. The Veteran's first VA treatment records show he reported a history of back surgery and current low back pain in December 2003.
- Claimed conditions
- residuals of a back injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2019
- Citation
- 19179720
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 service connection for residuals of a back injury, head injury, and neck injury as the evidence did not support that these injuries occurred during or while traveling from active duty.
- Denied
The Board denied an initial rating in excess of 20 percent for residuals of a back injury and an effective date earlier than May 26, 2023, for the award of service connection for residuals of a back injury.
- Dismissed
The Board dismissed the Veteran's claims for service connection for migraines and residuals of a back injury due to untimely notice of disagreement.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection of residuals from back, head, and neck injuries due to inadequate efforts by VA to obtain necessary records.
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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.