The Veteran's appeal for an evaluation in excess of 40 percent for failed back syndrome is remanded due to the inadequacy of the July 2017 VA spine examination.
The deciding factor: The July 2017 VA spine examination did not provide passive range of motion test results, which are necessary for a complete evaluation of the Veteran's condition.
- Claimed conditions
- failed back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2022
- Citation
- 22002047
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 22002047.
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 his low back disability was denied, and the Board granted entitlement to TDIU based solely on service-connected low back disability.
- Remanded (sent back)
The Veteran's claim for service connection for a back disorder is reopened.,An effective date prior to June 23, 2017, for the grant of service connection for PTSD and DEA is denied.
- Denied
The Veteran's claim for service connection for a failed back syndrome was denied in March 1974. The Board found that the March 1974 decision became final and thus, an earlier effective date is not granted.
- Granted
The Veteran's failed back syndrome, with additional symptoms of peripheral neuropathy, has been rated at 20 percent since December 30, 2009. The claim for TDIU is granted beginning on June 9, 2011.
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