The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected back disability, including any instability, painful motion, functional loss due to pain, weakness, excess fatigability, and additional disability during flare-ups. The examiner should also comment on whether muscle spasms have resulted in abnormal gait or spinal contour.
The deciding factor: The Veteran's testimony indicates that his symptoms have become more prominent, including longer duration and earlier onset of back pain, which necessitates a new examination to assess the current severity of his disability.
- Claimed conditions
- Degenerative changes of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2014
- Citation
- 1429390
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 1429390.
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.
- Denied
The Veteran's claim for a rating greater than 40 percent for major depressive disorder is denied. The claim for TDIU is granted.
- Granted
The Veteran's degenerative changes of the lumbosacral spine and spondylolisthesis due to a spinal fusion postoperative with scar are rated at 40 percent from May 4, 2009, to present (exclusive of the period of a total disability rating from November 16, 2009, to December 31, 2009).
- Remanded (sent back)
The Veteran's lumbosacral spine disability is being remanded for additional examination and rating considerations.
- Remanded (sent back)
The Board has remanded the case due to a lack of consideration of additional evidence and the need for a new VA examination.
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