The Board remands the issue of entitlement to a rating in excess of 10 percent for low back disability prior to July 30, 2020, for additional development as required by a joint motion for remand from the Court.
The deciding factor: Remand is necessary due to an inadequate VA examination and the need for a retrospective opinion regarding the severity of the Veteran's low back disability prior to July 30, 2020.
- Claimed conditions
- low back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2024
- Citation
- 24031477
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.
- Partly granted
The Board granted service connection for bilateral tinnitus and right ear hearing loss, but denied service connection for right shoulder disability, obstructive sleep apnea, low back disability, left ear hearing loss, erectile dysfunction, migraine headaches, special monthly compensation based on loss of use of creative organ, and remanded claims for service connection for right wrist, cervical spine, and irritable bowel syndrome.
- Granted
The Board granted service connection for muscle spasms of the upper back, low back, right chest, hamstrings, and quadratus femoris based on a finding that these conditions are related to in-service injuries.
- Partly granted
The veteran's claims for increased ratings for left and right ankle sprains were denied. However, the veteran was granted a total disability rating based on individual unemployability (TDIU) as of August 1, 2017.
- Granted
The Veteran's service-connected disabilities have been determined to render him unable to obtain and/or maintain substantially gainful employment, thus entitling him to a total disability rating based on individual unemployability (TDIU).
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