The Board has decided to remand the case due to an inadequate opinion regarding whether the Veteran's leg disability is aggravated by his service-connected back pain.
The deciding factor: The VA examiner did not provide a specific opinion on whether any current disabilities of the legs, including the diagnosed leg length discrepancy, are at least as likely as not (a 50 percent or greater probability) aggravated by the service-connected back disorder.
- Claimed conditions
- leg length discrepancy, sacroiliitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186397
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19186397.
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 Veteran's service-connected disabilities result in regular need for aid and attendance, which qualifies him for special monthly compensation (SMC) based on aid and attendance.
- Remanded (sent back)
The Board has determined that a remand is necessary to obtain an addendum medical opinion regarding the etiology of the Veteran's back disability, specifically addressing whether there was aggravation during service and if the lumbar spondylosis, lumbar radiculopathy, sacroiliitis, and failed back surgery syndrome had onset in service.
- Granted
The Veteran's service-connected left hip disability, characterized by pain on movement and limited range of motion, is now rated at 10 percent effective June 6, 2023.
- Granted
The Veteran's bilateral hearing loss and tinnitus are granted service connection. The leg length discrepancy is denied under 38 U.S.C. § 1151, as the surgery was not performed with carelessness, negligence, lack of proper skill, error in judgment, or similar fault. The lumbar spine disability is also denied under 38 U.S.C. § 1151 due to the denial of leg length discrepancy claim.
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