The Board has remanded the case due to a lack of compliance with VA's duty to assist, specifically regarding the nature and etiology of all diagnosed low back disabilities.
The deciding factor: The Court found that the Board erred by failing to ensure that VA complied with its duty to assist under the requirements of 38 C.F.R. § 5103A and 38 C.F.R. § 3.159(c).
- Claimed conditions
- low back disability, lumbar spondylosis, lumbar radiculopathy, sciatica, back strain, degenerative disc disease/disc bulge, thoracic or lumbosacral neuritis and radiculitis, lumbar stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 21, 2022
- Citation
- 22016280
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 22016280.
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 has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
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