The Board has denied the Veteran's claims for service connection for a low back disability and respiratory disabilities, finding that there is insufficient evidence to support these claims. The appeal regarding neurological tics was remanded.,Service connection will be granted if the medical evidence shows a current disability that is related to in-service injury or disease.
The deciding factor: The Board found that the Veteran's low back and respiratory disabilities are not service-connected due to lack of evidence linking these conditions to his military service. The neurological tics claim was remanded for further examination.,Service connection requires a showing of a current disability, an in-service injury or disease, and a medical nexus between the two.
- Claimed conditions
- Low Back Disability, Respiratory Disability (Asthma and COPD), Neurological Tics
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2023
- Citation
- 23059866
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 23059866.
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.
- 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 Board has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Granted
The Veteran's right shoulder disability, low back condition, bilateral knee disabilities, and left shoulder strain have been granted service connection. The Veteran's low back condition has been increased to a 40 percent evaluation, while the bilateral knee conditions remain at their current 10 percent evaluations.
- Denied
The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.
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