The Board has decided to remand the case due to an inadequate examination and failure to consider lay evidence. The Veteran's back condition is being reviewed again for a proper opinion.
The deciding factor: The examiner failed to provide a medical nexus opinion with an adequate rationale, ignoring the lay evidence.
- Claimed conditions
- postoperative lumbar laminectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2020
- Citation
- 20023621
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 20023621.
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 claim for an increased rating for his service-connected low back disability, currently evaluated as 20 percent disabling.
- Remanded (sent back)
The veteran's claim for an increased evaluation for his postoperative lumbar laminectomy is being remanded due to the need for a VA examination under the revised spine regulations and consideration of the amended rating criteria.
- Granted
The veteran's multiple nonservice-connected disabilities, including postoperative lumbar laminectomy, depressive disorder, and spinal stenosis of the cervical spine, render him unable to secure or follow substantially gainful employment. The Board finds that he is entitled to a permanent and total disability rating for pension purposes.
- Denied
The Board has determined that the veteran's service-connected postoperative lumbar laminectomy does not warrant a rating greater than 10 percent, as there is no evidence of more than mild intervertebral disc syndrome or moderate limitation of motion.
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