The Board has determined that the VA has not fulfilled its duty to assist in obtaining an adequate medical opinion regarding the Veteran's claim for benefits under 38 U.S.C. § 1151 for additional disability of the lumbar spine, resulting from a September 2003 surgery performed at Audie L. Murphy Memorial VA Hospital. The Board has therefore remanded the case to obtain an independent medical expert opinion.
The deciding factor: The Board found that previous opinions were inadequate and did not address all aspects of the Veteran's claim, particularly regarding whether there was additional disability as a result of the September 2003 procedure and if it was proximately due to fault on VA’s part.
- Claimed conditions
- lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 15, 2020
- Citation
- 20040543
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 20040543.
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 his appeal for increased rating claims for lumbar spine and bilateral knee disabilities, so the case is dismissed.
- Granted
The Veteran's service-connected disabilities, including lumbar spondylosis and other conditions such as obstructive sleep apnea and irritable bowel syndrome, have rendered him unable to secure or follow a substantially gainful occupation.
- Dismissed
Your appeal for service connection on multiple conditions has been dismissed due to the Veteran's death during the pendency of your appeal.
- Dismissed
The Veteran requested to withdraw all pending appeals due to his current 100% P&T status effective June 20, 2024.
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