The Board has reopened the claim for service connection of a low back disability due to new and material evidence. The remaining issues on appeal are remanded for further development, including obtaining an examination and opinion regarding hypertension.
The deciding factor: New evidence was submitted that raised a reasonable possibility of substantiating the claim for service connection of a low back disability.
- Claimed conditions
- back disability, skin disability, GERD, low back disability, asbestosis, right shoulder disability, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000447
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 23000447.
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted service connection for migraine headaches with an initial rating of 50 percent effective from August 10, 2022, and denied the claims for service connection for a right knee disability, obstructive sleep apnea, kidney disability, low back disability, and erectile dysfunction.
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