The Board has remanded the case due to an inadequate VA examination and a need for further evaluation of the Veteran's low back disability.
The deciding factor: The November 2019 VA examination was found to be inadequate as it did not provide reasons for finding that the Veteran's flare-ups did not contribute to functional loss, despite his statements and objective findings of functional limitations upon flare ups.
- Claimed conditions
- Thoracolumbar strain (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2022
- Citation
- 22028058
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 22028058.
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 rating reduction for the Veteran's low back disability from 10 percent to noncompensable was improper, and the 10 percent rating is restored. Service connection for bilateral hearing loss and tinnitus were denied, while service connection for tinnitus was granted.
- Denied
The Board denied an increased rating for the Veteran's thoracolumbar strain (low back disability) as it did not meet the criteria for a higher rating based on current evidence of record.
- Denied
The Board denied an increased rating for the Veteran's thoracolumbar strain (low back disability) as it did not meet the criteria for a higher than 20 percent evaluation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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