The Board has remanded the case due to deficiencies in medical opinions and a pre-decisional duty to assist error. The Veteran's thoracolumbar spine disability, including degenerative arthritis and intervertebral disc syndrome, is being reviewed for service connection as secondary to his service-connected cervical spine degenerative arthritis.
The deciding factor: The Board found that the VA examiners' opinions were inadequate due to their failure to consider the Veteran's lay statements regarding the onset of lumbar pain during service and their reliance on an outdated evidentiary standard for secondary service connection.
- Claimed conditions
- thoracolumbar spine disability, lumbar spine degenerative arthritis, lumbar intervertebral disc syndrome
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2023
- Citation
- A23036137
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 A23036137.
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 lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- 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.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Granted
The Board has granted service connection for a thoracolumbar spine disability, but denied service connection for bilateral hearing loss disorder, gout, multiple painful joints, bilateral ankle disorder, bilateral knee disorder, and obstructive sleep apnea (OSA).
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