The Board has remanded the claim for service connection of a low back disability due to insufficient medical opinion regarding the etiology and relationship between the Veteran's current condition and his military service. The case is returned for further development.
The deciding factor: The VA examiner did not directly address all points of consideration identified in the February 2018 Joint Motion for Remand, including the notation in the February 1979 Service Treatment Records (STRs) indicating complaint of low back pain and a diagnosis of muscle strain; the subsequent notation in the January 1986 VA Compensation and Pension examination report as to the back problems that arose in 1983; and additional points of consideration for determinative and relevant evidence.
- Claimed conditions
- Degenerative arthritis of the spine, Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- 20067423
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.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative arthritis of the spine to obtain a new medical opinion that considers an in-service injury after appropriate efforts are made to obtain the appellant's service treatment records.
- Dismissed
The veteran withdrew his appeals for service connection for degenerative arthritis of the spine, bilateral neuropathy below the hips, and a skin disability.
- Remanded (sent back)
The Board remands the matter for further development and readjudication due to an incomplete medical nexus opinion.
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