The Board has determined that the remand directives were not substantially complied with, and thus, a new VA examination is needed to address whether the Veteran's thoracolumbar spine disability is congenital in nature and if it is related to his service. The issues of bilateral lower extremity sciatica are also being remanded for an opinion on their relationship to the thoracolumbar spine disability.
The deciding factor: The Board found that substantial compliance with the December 2019 remand directives was not met due to inadequate discussion regarding whether the Veteran's thoracolumbar spine disabilities are congenital in nature and if they are related to his service.
- Claimed conditions
- thoracolumbar spine disability, right lower extremity sciatica, left lower extremity sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 6, 2022
- Citation
- 22033030
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 22033030.
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 decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Dismissed
The Veteran's appeals for increased disability ratings for lumbar spine arthritis and right lower extremity sciatica have been dismissed due to the Veteran's withdrawal of his appeal.
- Granted
The Board has granted service connection for a thoracolumbar spine disability, but denied service connection for bilateral hearing loss disorder, gout, multiple painful joints, bilateral ankle disorder, bilateral knee disorder, and obstructive sleep apnea (OSA).
- Remanded (sent back)
The Board has granted service connection for lumbar strain and lumbar intervertebral disc syndrome with left sciatica. The right lower extremity sciatica claim is remanded due to a duty-to-assist error.
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