The Board remands the claim for a lower back disorder to schedule an examination and obtain an opinion on its etiology, including whether it is related to a motor vehicle accident during service.
The deciding factor: The AOJ erred by not obtaining a VA examination and opinion to determine the nature and etiology of the Veteran's low back disability due to a lack of a pre-decisional duty to assist error.
- Claimed conditions
- lower back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2024
- Citation
- A24062149
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 generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
- Partly granted
The Board granted service connection for traumatic brain injury (TBI) and denied a rating in excess of 20 percent for urinary frequency. The other claims were remanded.
- Granted
The Board granted service connection for a lower back disorder, including lumbosacral strain, intervertebral disc syndrome (IVDS), and bilateral lumbar radiculopathy.
- Denied
The Board denied service connection for anxiety, depression, headaches, a neck disorder, an upper back disorder, a lower back disorder, and a left arm disorder as there was no evidence of current disabilities during the appeal period.
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