The Board remands the claim for service connection for a recurrent lumbosacral spine disability to include lumbar spine scoliosis and chronic lumbosacral strain due to an inadequate VA examination.
The deciding factor: The examining nurse practitioner's opinion was deemed of limited probative value due to its failure to note documented in-service low back pain, necessitating further evaluation.
- Claimed conditions
- recurrent lumbosacral spine disability, lumbar spine scoliosis, chronic lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2024
- Citation
- 24003892
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 for a disability rating in excess of 20 percent for chronic lumbosacral strain and service connection for right leg condition was dismissed due to an impermissible concurrent election of review options.
- Remanded (sent back)
The Board remands the claims for a higher rating for chronic lumbosacral strain and service connection for cervical, left ankle, right ankle, right shoulder, and left shoulder conditions to ensure compliance with due process.
- Denied
The Board denied the veteran's claims for increased ratings for various service-connected conditions, including knee pain, back pain, and anxiety disorder.
- Partly granted
The Board granted service connection for chronic lumbosacral strain and denied service connection for left knee, right knee, left shoulder, right shoulder, and right ear hearing loss conditions.
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