The Board has remanded the claims for a VA examination to assess the current severity of the Veteran's lumbar spine disability, and to provide retrospective opinions on the extent of functional loss during flare-ups or after repeated use over time.
The deciding factor: The need for an updated VA examination with retrospective findings compliant with Correia and Sharp is required due to previous inadequate examinations.
- Claimed conditions
- lumbar sprain, spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2023
- Citation
- 23057014
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 23057014.
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 back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- Remanded (sent back)
The Veteran argues that he should have been granted service connection for lumbar sprain and hearing loss as early as 1965 based on his STRs showing these conditions existed in service. The Board finds the RO's failure to adjudicate this CUE claim was an error and remands the matter.
- Denied
The Board denied service connection for a back condition, including spondylolisthesis, as the evidence did not show permanent aggravation of the preexisting condition during service.
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