The Board has decided to remand the case due to the Veteran's refusal of examinations and incomplete addendum opinions. The VA needs to obtain an adequate nexus opinion regarding whether the Veteran's thoracolumbar disability is related to service, including his in-service injury and post-service symptoms.
The deciding factor: The decision was remanded for additional examination and opinion but the requested information was not provided, necessitating another remand.
- Claimed conditions
- thoracolumbar disability, left hip disabilities, right hip disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2022
- Citation
- 22055265
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 22055265.
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 Veteran's service-connected low back with bilateral lower extremity radiculopathy and right hip disabilities render him in need of the regular aid and attendance of another person, meeting the criteria for special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's cervical spine (neck) disability, left shoulder disability, and migraines are granted service connection. The thoracolumbar and bilateral elbow disabilities are remanded for further examination.
- Granted
The Board has determined that the Veteran's left hip disabilities, including osteoarthritis resulting in left hip replacement surgery, are service-connected as they are at least as likely as not related to an in-service injury during active duty.
- Remanded (sent back)
The Board remands the issues of entitlement to service connection for a cervical spine disability and thoracolumbar disability, as well as entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C. §1318, for further development.
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