The Veteran's claim for service connection for a low back disability has been reopened, but the Board has remanded the case due to insufficient medical opinions regarding the etiology of his condition.
The deciding factor: The VA examiner did not consider the Veteran's lay statements about missed work and continued pain after service, which may affect the determination of whether his current low back disability is related to service.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the low back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2023
- Citation
- 23048440
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 23048440.
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 Veteran's claim for an initial disability rating in excess of 70 percent, but no higher, for PTSD prior to May 18, 2012 is granted. The Veteran's PTSD symptoms have caused occupational and social impairment with deficiencies in most areas.
- Remanded (sent back)
The Board has remanded the claims for an initial rating in excess of 40 percent for DDD of the low back, service connection for right and left lower extremity radiculopathy secondary to service-connected back disorder, and service connection for an acquired psychiatric disorder, including depression and bipolar disorder.
- Remanded (sent back)
The Board has remanded the case due to incomplete service treatment records and a need for further examination regarding the etiology of the Veteran's low back disability.
- Granted
The Board found that the Veteran's DDD of the low back resulted in forward flexion of the thoracolumbar spine to 30 degrees or less, which meets the criteria for a 40 percent rating from September 1, 2006, to June 15, 2011.
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