The case is being remanded due to the need for a new VA examination of the Veteran's chronic low back strain, as the previous one did not comply with all regulations applicable to examination of painful joints. The Veteran must be provided with a new VA thoracolumbar spine examination that includes range-of-motion testing and assesses functional impairment.
The deciding factor: The previous VA examination was inadequate due to its failure to include range-of-motion testing as required by 38 C.F.R. � 4.59, which could not be performed in this case.
- Claimed conditions
- Chronic Low Back Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 19, 2017
- Citation
- 1746792
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. Read the original VA decision (opens in a new tab) using citation 1746792.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation since December 13, 2018.
- Remanded (sent back)
The Veteran's internal hemorrhoids and chronic low back strain have been rated, but the Board has remanded for further evaluation due to additional issues. The Veteran is also seeking service connection for sleep disability and TDIU.
- Granted
The Veteran is entitled to a total disability evaluation based on individual unemployability prior to February 13, 2015 due to his service-connected disabilities. On or after February 13, 2015, the combined rating of his service-connected disabilities does not meet the criteria for TDIU.
- Denied
The Veteran's appeal for a higher combined rating in excess of 90 percent, effective from July 19, 2017, is denied. The AOJ's December 2017 rating decision correctly calculated the combined total rating as 90 percent.
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