The Board has remanded the case due to insufficient evidence regarding the severity of the Veteran's service-connected low back strain and whether his lumbar levoscoliosis is a congenital defect or disease. The Veteran also needs an updated VA medical opinion on whether his service-connected condition has aggravated other disabilities.
The deciding factor: The Board found that there was not substantial compliance with the April 2019 remand directives, particularly regarding the aggravation of other back conditions and the nature of the Veteran's lumbar levoscoliosis.
- Claimed conditions
- chronic low back strain, lumbar levoscoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20006338
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.
- Dismissed
The veteran withdrew the appeal for effective dates prior to September 27, 2024, for the awards of service connection for various knee and back conditions.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) from April 29, 2018.
- Remanded (sent back)
The Board denied an earlier effective date for the award of service connection for a lower back disability and remanded claims for a higher rating, TDIU, and extraschedular consideration.
- Partly granted
The Veteran's claim for a higher initial rating and earlier effective date of service connection for his back disability was partially granted, with a 40 percent disability rating assigned from May 10, 2010. The claim for an earlier effective date was denied.
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