The Board remands the case for an additional medical opinion to determine whether the Veteran's low back disorder clearly and unmistakably preexisted his military service and, if so, whether there was an increase in severity beyond its normal progression or onset of a new disorder during service.
The deciding factor: The April 2023 VA examiner did not adequately address the threshold legal question of whether the Veteran's low back disorder clearly and unmistakably preexisted his military service, as required by the correct legal standard.
- Claimed conditions
- low back disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2024
- Citation
- 24000655
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claim for service connection for a low back disorder to obtain additional medical evidence and ensure that the Veteran is afforded every possible consideration.
- Dismissed
The appeal for service connection for a low back disorder was dismissed as the RO granted service connection in a November 2023 rating decision.
- Remanded (sent back)
The Board remands the claim for a low back disorder to obtain additional evidence and an adequate medical opinion in compliance with previous remand instructions.
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