The Board remands the matter to allow for a determination on whether new and material evidence was received within one year of the July 2018 rating decision, which could affect the effective date of the increased disability rating.
The deciding factor: The Board found that even though this matter was part of the AMA appeals system at the time of the July 2018 rating decision, the Veteran is not deprived of the protections of 38 C.F.R. § 3.156(b), specifically, the ability to submit new and material evidence that could allow the claim to remain in an open status.
- Claimed conditions
- low back disability (lumbosacral strain with intervertebral disc syndrome and spinal stenosis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2025
- Citation
- A25044532
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 service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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