The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for spinal stenosis, degenerative disc disease, lower back pain and herniated disc, thoracolumbar spine ('back disability'), but not for sciatic left side as secondary to back disability or right hip with hip replacement. The claim for 'back disability' is remanded due to a duty-to-assist error.
The deciding factor: The Board found that the VA medical opinion was inadequate and failed to consider the Veteran's lay statements regarding in-service hard landings from being a helicopter pilot, as well as the submitted medical literature and study regarding back pain and helicopter pilots. The examiner did not provide an addendum opinion addressing these factors.
- Claimed conditions
- spinal stenosis, degenerative disc disease, lower back pain, herniated disc, thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2023
- Citation
- A23029568
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 A23029568.
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 Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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