The Veteran's lower back condition is remanded for a new examination to assess the current severity of his disability and whether he has ankylosis. The propriety of reducing his disability rating from 40 percent to 10 percent is also held in abeyance.
The deciding factor: The VA examiner failed to address the functional impact of the Veteran's flare-ups on his lower back condition, which was noted by the Veteran in his Appellant's Brief. The Board finds a new examination is required to adequately assess the Veteran's lower back condition and whether he has ankylosis.
- Claimed conditions
- lower back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2021
- Citation
- 21030483
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21030483.
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.
- Denied
The Board denied service connection for both a lower back condition and a cervical spine condition, finding that the evidence did not support a nexus between these conditions and service.
- Granted
The Board has granted the Veteran's claim for service connection for a lower back condition, including thoracolumbar spine degenerative arthritis and degenerative disc disease other than IVDS. The decision finds that the Veteran's current disability is causally related to his military service due to an accident during training in 1963.
- Denied
The Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, depression, migraine headaches, hypertension, abnormal heartbeat, bilateral eye condition (sensitivity to light), erectile dysfunction, skin disorder, upper spine condition, lower back condition, skeletal arthritis of entire joint system, left hip condition, right hip condition, left knee condition, right knee condition, left foot condition, and right foot condition have all been denied.,The Board found that the Veteran did not meet the criteria for service connection for any of these conditions due to a lack of current disability or no evidence linking the claimed conditions to his active duty service.
- Granted
The Board has granted the Veteran's claim for service connection for a lower back condition as secondary to his service-connected right knee disability, finding that the evidence is at least in equipoise regarding whether the Veteran's low back condition is proximately due to or the result of his right knee disability.
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