The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran sustained additional disability as a result of his October 2016 VA RFA surgical procedure and if such disability is related to carelessness, negligence or similar incidence of fault on the part of the attending VA personnel.
The deciding factor: The Board found that the provided medical opinion did not clearly address whether there was additional disability related to the VA surgical procedure in October 2016 and required an addendum opinion to provide a reasoned explanation for its conclusions.
- Claimed conditions
- lumbar spine disability, bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2023
- Citation
- 23015954
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 23015954.
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 Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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