The Board remands the claim for a back condition, including degenerative arthritis, degenerative disc disease other than IVDS, lumbosacral strain, and IVDS, secondary to service-connected right ankle disability, due to an inadequate VA medical nexus opinion.
The deciding factor: The October 2023 VA medical nexus opinion is found inadequate because it used the wrong causation standard, did not address aggravation, and failed to consider the Veteran's theory of an uneven gait from his service-connected right ankle disability leading to increased back pain.
- Claimed conditions
- Degenerative arthritis, Degenerative disc disease other than intervertebral disc syndrome (IVDS), Lumbosacral strain, IVDS
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039608
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.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
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