The Board has remanded the claim for service connection of a back condition, as the Veteran's character of discharge is considered to be under other than honorable conditions due to willful and persistent misconduct.
The deciding factor: Willful and persistent misconduct resulted in an under other than honorable (OTH) discharge, which constitutes a bar to VA benefits other than health care under Chapter 17.
- Claimed conditions
- degenerative changes of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2020
- Citation
- 20067290
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 has remanded the Veteran's claims for service connection and rating of his respiratory condition and degenerative changes of the thoracolumbar spine due to incomplete examination findings. The Veteran is asked to provide a new VA opinion regarding the nature and etiology of his respiratory disability, specifically whether it is related to passive asbestos exposure in service. A new VA examination is also needed for the back disability.
- Partly granted
The Board found that new and material evidence had been submitted to reopen the claim for service connection for a low back disability, and granted service connection based on the medical opinion that the current degenerative changes of the thoracolumbar spine are related to the veteran's in-service injury.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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