The Board has determined that the April 2015 VA examination was inadequate for adjudicative purposes and thus remands the case for a new examination to determine the etiology of the Veteran's lower back disability.
The deciding factor: The April 2015 VA examiner applied an incorrect standard (greater than 50 percent probability) and did not provide a fully articulated, sound rationale based on factual evidence.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184293
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 a lower back disability, finding that the Veteran's current condition had its onset during his service and has progressively worsened since separation.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, effective March 8, 2023, but no earlier. Other claims were denied or remanded.
- Dismissed
The appeal for service connection for lower back disability, right shoulder disability, and traumatic brain injury (TBI) was denied due to the untimely filing of the Board Appeal request.
- Partly granted
The Board granted service connection for tinnitus, a lower back disability, residuals of inguinal hernia repair, residuals of umbilical hernia repair, and sinusitis. Service connection was denied for an ulcer, bilateral hearing loss, hypertension, diabetes mellitus type II, and acne.
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