The Board remands the matter for an additional medical opinion to address the Veteran's lower back disability and ensure compliance with previous remand instructions.
The deciding factor: The May 2023 examination was deemed inadequate as it did not adequately address the Veteran's in-service back pain or the June 1970 service treatment record, and failed to provide a rationale for attributing the disability to aging rather than active-duty service.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24002924
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 granted service connection for a lower back disability, finding that the Veteran's current condition had its onset during his service and has progressively worsened since separation.
- Partly granted
The Board granted a 70 percent disability rating for PTSD, effective March 8, 2023, but no earlier. Other claims were denied or remanded.
- Dismissed
The appeal for service connection for lower back disability, right shoulder disability, and traumatic brain injury (TBI) was denied due to the untimely filing of the Board Appeal request.
- Partly granted
The Board granted service connection for tinnitus, a lower back disability, residuals of inguinal hernia repair, residuals of umbilical hernia repair, and sinusitis. Service connection was denied for an ulcer, bilateral hearing loss, hypertension, diabetes mellitus type II, and acne.
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