The Board has remanded the case due to a failure to provide a VA examination and opinion in response to the Veteran's claim for service connection for a back disability. The RO must schedule an examination and readjudicate the claim.
The deciding factor: The Board found that there was a pre-decisional error in failing to obtain a medical nexus opinion, which is required under McLendon v. Nicholson (2006).
- Claimed conditions
- Degenerative changes - lumbar spine, Degenerative arthritis of the back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2023
- Citation
- A23035495
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 A23035495.
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.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Remanded (sent back)
The Board remands the claims for an initial evaluation in excess of 20 percent for degenerative arthritis of the back and a compensable evaluation for migraine headaches prior to May 3, 2024, due to pre-decisional duty to assist errors.
- Partly granted
The Board granted service connection for a back disorder and right ear hearing loss, but denied an increased rating for tinnitus.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 40 percent for degenerative arthritis of the back and entitlement to a total disability rating based on individual unemployability (TDIU) due to pre-decisional duty to assist errors.
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