The Board has decided to remand the claim for lumbar spine disability as it is unclear when and during which period of ACDUTRA or INACDUTRA the appellant was injured and disabled. The originating agency needs to verify the dates and identify the periods of ACDUTRA/INACDUTRA where the appellant sustained injury and became disabled.
The deciding factor: The Board found that veteran status for lumbar spine disability cannot be determined without knowing the specific dates during which the appellant was injured and disabled, as service connection is only warranted based on ACDUTRA or INACDUTRA during which the individual concerned was disabled from a disease or injury incurred in line of duty.
- Claimed conditions
- lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2023
- Citation
- 23041282
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 23041282.
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.
- 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.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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