The case is being remanded due to incomplete compliance with the April 2021 remand directives, specifically obtaining updated VA treatment records and providing an addendum VA medical opinion regarding the Veteran's convalescence period for his lumbar surgery from May 2009 beyond October 31, 2009. The TDIU claim is also being remanded as it is inextricably intertwined with the evaluation of the low back.
The deciding factor: The AOJ failed to obtain updated VA treatment records and provide a complete rationale for the opinion regarding the Veteran's convalescence period, which are necessary for proper adjudication of the claims.
- Claimed conditions
- lumbar disc disease with a history of laminectomy (low back disorder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2021
- Citation
- 21074637
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 21074637.
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
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