The veteran's claim for an increased disability rating for his service-connected lumbosacral strain with degenerative joint and disc disease is being remanded due to the need for additional medical examination, consideration of new regulations, and further development.
The deciding factor: The VA spine examination report was inadequate for rating purposes as it did not consider functional loss due to pain on movement. The veteran's service-connected low back disability continues to worsen, necessitating a review of his treatment records from the Alaska VA Healthcare System.
- Claimed conditions
- lumbosacral strain with degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2004
- Citation
- 0423520
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0423520.
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 Veteran's claims for increased ratings for depressive disorder and lumbosacral strain are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to new evidence and for further development.
- Remanded (sent back)
The Board has remanded the case to refer the Veteran's claims for an extraschedular evaluation to the Director of Compensation Service due to evidence suggesting that his disabilities combined to cause chronic pain, sleep disturbances, falling, and absences from work.
- Denied
The Veteran's lumbosacral strain with degenerative joint and disc disease is currently rated at 40 percent, but the evidence does not support an increase to a higher rating due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.
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