The Board has remanded the cases of increased rating for spinal fusion and TDIU for the appeal period prior to March 18, 2005 due to incomplete VA examination reports. The Veteran is required to provide any outstanding private or VA treatment records and will be scheduled for a new VA examination.
The deciding factor: The Board found that the previous VA examination reports were incomplete in assessing the current nature and severity of the Veteran's spinal fusion, specifically regarding episodes of medically prescribed bed rest and incapacitating episodes resulting in missing more than six weeks of work per year.
- Claimed conditions
- Spinal Fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2022
- Citation
- 22029136
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 22029136.
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 spinal fusion and assigned a 40% rating effective January 22, 2021. The decision was based on the Veteran's original claim submitted in 2007.
- Remanded (sent back)
The Veteran's lumbar spine disability is currently rated at 20 percent, and the Board has found that a higher rating is not warranted based on the evidence of record. The VA examinations have shown forward flexion limited to 40 degrees during flare-ups.
- Denied
The veteran's postoperative low back disability, resulting from spondylolysis at L5 with laminectomy and spinal fusion, is currently rated as 20 percent disabling. The evidence does not support a higher evaluation due to moderate limitation of motion.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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