The Board has remanded the claim for a rating increase for lower back disability due to an inadequate VA examination in December 2019. The Veteran's statements about his symptoms and limitations during flare-ups were not adequately addressed by the examiner.
The deciding factor: The Court found that the VA examiner did not adequately address the Veteran's statements regarding his symptomatology, particularly his testimony of severe pain causing him to barely be able to walk or get out of bed during certain periods.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2022
- Citation
- 22060077
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 22060077.
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 determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for left hip, left knee, right hip, and lower back disabilities. The claim for left hip disability is remanded due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has remanded the claims for service connection for left knee and lower back disabilities due to incomplete information about the Veteran's duty status during his periods of active service in the National Guard and Reserves.
- Granted
The Board has granted service connection for the Veteran's lower back disability, finding that it is etiologically related to his in-service duties of lifting heavy equipment.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for lower back disability, migraine headaches, fibromyalgia, CFS, and PTSD due to lack of a current diagnosis. The appeal is now remanded for further development.
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