The Board has remanded the claims of service connection for a back disability and for TDIU due to the need for additional medical opinions addressing the relationship between the Veteran's service-connected fractures of the right tibia and fibula with shortening of the right leg and his diagnosed back disability, as well as whether these fractures aggravated any diagnosed back disability. The new standard from the Federal Circuit in Spicer v. McDonough (2023) applies to secondary service connection claims, and the Ward v. Wilkie (2019) definition is applied for aggravation.
The deciding factor: The Board found that the appeal of TDIU is intertwined with the service connection claim due to the medical complexity involved in addressing the relationship between the Veteran's service-connected fractures and his back disability, as well as whether these fractures aggravated any diagnosed back disability. The new legal standards from Spicer v. McDonough (2023) for secondary service connection and Ward v. Wilkie (2019) definition for aggravation were not applied in the previous remand.
- Claimed conditions
- back disability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2024
- Citation
- 24033253
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24033253.
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 has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
- Granted
The Veteran's adenocarcinoma of the colon is granted as secondary to his service-connected other specified trauma and stressor related disorder to include alcohol use disorder. The back disability claim is remanded for further development.
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