The Veteran's claim for service connection for a low back disability is being remanded due to the submission of new and material evidence. The claim for service connection for an acquired psychiatric disorder, including bipolar II disorder and polysubstance use disorder (claimed as opioid use disorder), is also being remanded.,A VA opinion is needed regarding whether the Veteran's low back disability and acquired psychiatric disorders are related to his service-connected right knee disability.
The deciding factor: The new evidence submitted by the Veteran includes a July 2018 VA Back Examination Report, which provides evidence bearing on the unestablished in-service incurrence and nexus elements of the previously denied claim for service connection of a low back disability. The opinion from this examination is inadequate as it does not address whether the Veteran's low back disability was aggravated by his service-connected right knee disability or if it was related to an injury during basic training.
- Claimed conditions
- Low Back Disability, Acquired Psychiatric Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2023
- Citation
- 23053023
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 23053023.
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 claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his low back, left knee, and right knee disabilities due to inadequate VA examinations. The AOJ is instructed to obtain private treatment records from Mays & Schnapp Pain Management and schedule the Veteran for additional medical examinations.
- Granted
The Veteran's acquired psychiatric disorder is granted a 70% rating, effective July 15, 2024. The Veteran's GERD remains at a 10% rating.
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