The Board remands the claim for service connection for chronic lumbar pain, to include lumbar disc herniation, due to a pre-decisional duty to assist error.
The deciding factor: A remand is necessary because the February 2010 VA examination's rationale omitted discussion of the Veteran's statements regarding chronic low back pain and self-treatment following separation from active service, making it inadequate.
- Claimed conditions
- chronic lumbar pain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070919
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 finds that the evidence as a whole supports service connection for a low back disorder and chronic lumbar pain on a direct basis.
- Remanded (sent back)
The Board remands the claim for service connection for sarcoidosis as new and relevant evidence has been received since the previous denial.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The appeal for service connection for a left-hand condition is dismissed as the Veteran was granted service connection for mononeuropathy to the left hand fourth finger with parasthesia of skin in an October 2025 rating decision.
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