The Board has remanded the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's back disability. The AOJ must secure an addendum opinion from a clinician that addresses whether the Veteran's back disability preexisted service, if it did, whether there is clear and unmistakable evidence (CUE) that the preexisting condition was not aggravated beyond its natural progression during service, and if not, whether it is at least as likely as not related to service.
The deciding factor: The Board found the May 2018 VA examiner's opinion inadequate due to reliance on the absence of aggravation evidence rather than affirmative evidence showing no aggravation.
- Claimed conditions
- lumbosacral strain, degenerative disc disease, spinal fusion
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 30, 2023
- Citation
- 23047868
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. Read the original VA decision (opens in a new tab) using citation 23047868.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- 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.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
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