The Board remands the Veteran's claim for a lower back disability to correct a pre-decisional duty-to-assist error by obtaining fully adequate medical opinions regarding causation and aggravation.
The deciding factor: The VA examiners' opinions were found insufficient as they did not address whether the Veteran's lower back condition was aggravated by his service-connected bilateral foot disabilities, nor did they adequately consider the Veteran's reported in-service physical altercation/assault and the physical rigors of military training.
- Claimed conditions
- Lower back disability (degenerative disc disease other than intervertebral disc syndrome, spondylolisthesis, and spondylolysis)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25023169
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 granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for his lumbar spine disability to obtain additional medical evidence regarding the severity of his condition without the ameliorative effects of medication.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Dismissed
The appeal of the November 2024 non-final rating decision, deferring the adjudication of the Veteran's claim for an increased rating for service-connected intervertebral disc syndrome, spinal stenosis, and spondylolisthesis, was dismissed.
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