The Board has remanded the case due to insufficient reasoning in the May 2015 VA examination regarding whether the Veteran's preexisting low back disability was aggravated by service. The examiner is requested to provide a clear and unmistakable opinion on this matter.
The deciding factor: The Board found the May 2015 VA examiner's rationale inadequate due to potential lack of access to all pertinent records, including Medical Board testimony from August 1968 where the Veteran described an incident involving muscle spasms in service.
- Claimed conditions
- low back disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072267
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 remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
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