The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his lower back disability prior to March 27, 2012 and from March 27, 2012. The Veteran's service connection claims for bone weakness and heart weakness are also being remanded. Additionally, the TDIU claim is being remanded as well.
The deciding factor: The Board found that the duty to assist was not satisfied in obtaining VA-authorized treatment records and non-VA physical therapy records, and failed to adequately address evidence relevant to the Veteran's lower back disability during the appeal period.
- Claimed conditions
- lower back disability, bone weakness, heart condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2023
- Citation
- 23040279
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 23040279.
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 heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for left hip, left knee, right hip, and lower back disabilities. The claim for left hip disability is remanded due to a pre-decisional duty to assist error.
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