The Board has determined that further development is needed regarding the service connection for lumbar spine degeneration secondary to right ankle injury, and thus the appeal is being remanded.
The deciding factor: The January 2017 VA examiner's opinion was inadequate as it did not consider all relevant evidence, including a June 2016 VAMC record and the Veteran's lay statements regarding his back condition. The Board also noted that secondary service connection does not require 'permanent' worsening of the condition being claimed by the service-connected disability.
- Claimed conditions
- lumbar spine degeneration, right ankle sprain with degenerative joint disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2022
- Citation
- 22049273
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 22049273.
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.
- Partly granted
The Veteran's lumbar spine degeneration was granted a 40 percent rating effective February 24, 2021. The other issues were remanded for further evaluation.
- Granted
The Board has granted service connection for the Veteran's lumbar spine degeneration, sprain, and pain with right and left lower extremity radiculopathy as these conditions began during active duty training (ACDUTRA) and have continued since then.
- Granted
The Veteran's lumbar spine degeneration is granted a 40 percent rating, effective from the date of the decision. The Veteran's obstructive sleep apnea and PTSD are denied ratings in excess of their current levels.
- Granted
The Veteran's bilateral ankle disabilities, specifically right and left ankle sprain with degenerative joint disease, have been granted increased ratings. Additionally, a temporary total rating for convalescence after left ankle stabilization surgery from March 28, 2014 to June 2, 2014 has been granted, along with an effective date of March 28, 2014 for the Veteran's left ankle scar.
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