The Board has remanded the Veteran's claims for a disability rating greater than 10 percent for his low back strain due to conflicting medical evidence and lack of adequate retrospective opinions.
The deciding factor: The VA examiner was unable to provide an opinion without resorting to speculation regarding previous examinations, leading to the need for further review and clarification.
- Claimed conditions
- Low back strain, Degenerative arthritis, Degenerative disc disease, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2023
- Citation
- 23003830
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 23003830.
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.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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