The Board has determined that the Veteran's back condition claim requires additional development due to issues with the January 2021 VA examination and concerns about the competency of the examiner. The case is being remanded for further action.
The deciding factor: The January 2021 VA examination did not address all diagnosed back conditions and provided a brief, conclusory rationale.
- Claimed conditions
- scoliosis, degenerative disc disease, lumbar radiculopathy, osteitis condensans illi, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2023
- Citation
- 23057412
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 23057412.
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 claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- 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.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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