The Board has remanded the case for a medical opinion to determine if the Veteran's current back disability is related to service. The claim was previously denied due to lack of evidence connecting the disability to service.
The deciding factor: The new evidence submitted by the Veteran addresses the time gap between his separation from service and diagnosis, which could reasonably substantiate the claim were it to be reopened.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074292
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.