The Board has decided to remand the case for further development due to concerns about potential negligence in the Veteran's VA spine surgeries, specifically regarding screw placement and post-operative complications.
The deciding factor: The decision is based on concerns about potential negligence in the Veteran's VA spine surgeries, particularly regarding screw placement and post-operative complications.
- Claimed conditions
- Low back disability with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2019
- Citation
- 19180730
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 claims for service connection for a low back disability with radiculopathy and bilateral knee/leg disabilities, as well as increased ratings for his service-connected bilateral hearing loss and PTSD. The claim for TDIU was remanded.
- Denied
The Veteran's low back disability with radiculopathy warrants a single 40 percent rating throughout the initial rating period.
- 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.
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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.