The Board has remanded the claims for service connection for low back, L4-5 DJD and L5-S1 DJD, as well as muscle spasms secondary to these conditions. The AOJ is instructed to obtain any outstanding VA or private treatment records and associate them with the claims file before scheduling a VA examination.
The deciding factor: The Board found that there were gaps in the medical record regarding the Veteran's low back condition during service, which may affect the determination of whether his current disability had its onset in service.
- Claimed conditions
- low back, L4-5 degenerative joint disease (DJD), L5-S1 DJD, muscle spasms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2019
- Citation
- 19193065
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 19193065.
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.
- Remanded (sent back)
The Board remands the claim for service connection for fatigue and muscle spasms, to include CFS, as a VA examination is needed to determine if there is a link between these symptoms and the Veteran's active duty.
- Dismissed
The appeal for service connection for muscle spasms was dismissed as the Veteran did not file a timely appeal to the Court of Appeals for Veterans' Claims or request reconsideration within 120 days.
- Partly granted
The Board granted service connection for bilateral tinnitus and right ear hearing loss, but denied service connection for right shoulder disability, obstructive sleep apnea, low back disability, left ear hearing loss, erectile dysfunction, migraine headaches, special monthly compensation based on loss of use of creative organ, and remanded claims for service connection for right wrist, cervical spine, and irritable bowel syndrome.
- Dismissed
The Board dismissed the appeal due to an impermissible concurrent election of review lanes.
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