The Board has remanded the claim for further development and an opinion regarding whether the Veteran's lumbar spine condition, including degenerative joint disease (DJD), is related to service. The Veteran contends his back injury occurred during advanced individual training at Fort Leonard Wood, Missouri.
The deciding factor: The VA examiner did not consider key evidence such as the Veteran’s lay statements about a fall and twisting of his back during AIT, or post-service treatment records and witness statements.
- Claimed conditions
- lumbar spine condition, degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20067982
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.
- Partly granted
The Board granted service connection for tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, cervical and thoracic spine disability, left upper extremity radiculopathy, lumbar spine condition, erectile dysfunction, and special monthly compensation based on loss of use to allow the AOJ to correct duty-to-assist errors.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Partly granted
The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.
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