The Board has remanded the Veteran's claims for a higher rating for his service-connected back condition and for entitlement to TDIU due to service-connected conditions. The remand is necessary because additional development, including an examination of the Veteran's back condition, is required.
The deciding factor: Additional evidence was submitted after the last VA examination, which did not address functional impacts of flare-ups or repetitive use over time and pain on both active and passive motion in weight-bearing and non-weight-bearing conditions. The Board also found that a retrospective opinion regarding the severity of his service-connected back condition is necessary.
- Claimed conditions
- lumbar degenerative disc disease, degenerative arthritis of the spine, status-post laminectomy, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 12, 2022
- Citation
- 22039691
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 22039691.
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 Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Granted
The Veteran's claim for service connection for degenerative arthritis of the spine was granted. The claims for service connection for obstructive sleep apnea and residuals of head injuries and concussions are remanded.
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