The Board has remanded the case due to a duty-to-assist error and an inadequate opinion regarding secondary service connection for lumbar spine disability.
The deciding factor: An addendum opinion is needed to address whether the Veteran's lumbar spine disability is proximately due to or the result of service-connected bilateral pes planus, or if it was aggravated by service-connected bilateral pes planus.
- Claimed conditions
- lumbar degenerative joint disease, lumbar discogenic disease, facet arthropathy and spondylosis, lumbar muscle spasm
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2022
- Citation
- A22025238
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 A22025238.
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 remanded the claims of service connection for left ankle strain, migraines, and tinnitus due to procedural issues. The low back condition, right foot condition, and current diagnoses have been denied as not related to military service.
- Denied
The Veteran's low back disability is currently rated at 20 percent, effective March 10, 2020. The Board denied an increase in the evaluation for his low back disability as it did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's claim for increased ratings and service connection are being remanded due to the need for additional medical examinations and development of records.
- Remanded (sent back)
The Board remands the issues of an increased rating for lumbar muscle spasm and entitlement to a total disability rating based upon individual unemployability (TDIU) due to the need for a new medical opinion that discounts the beneficial effects of medication.
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