The Board has decided to remand the case due to inadequate examination report and need for clarification on the nature of the Veteran's lumbarization of S-1. The examiner is requested to clarify whether it is a congenital defect, disease or disorder not of congenital/developmental origin. If it is a congenital defect, they are asked to determine if there was aggravation during service and if there is clear and unmistakable evidence that the increase in severity is due to natural progress.
The deciding factor: The Board found the October 2017 examination report inadequate for several reasons, including incorrect evidentiary standard used for determining existence and aggravation of a pre-existing disorder. The examiner's statements regarding in-service and post-service treatment were inaccurate and reflected less than thorough review of the evidence.
- Claimed conditions
- low back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2020
- Citation
- 20064390
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 claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Remanded (sent back)
The Board remands the claim for service connection of a low back condition to obtain an adequate medical opinion, as the presumption of soundness has not been rebutted.
- Granted
The Board granted service connection for a low back condition, finding that the Veteran's current disability had its clinical onset during his active duty service.
- Granted
The Board granted service connection for a low back condition, resolving reasonable doubt in favor of the Veteran.
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