The Board has remanded the case due to inadequate reasons or bases for denying an increased evaluation for the Veteran's service-connected low back disability. The Court found that the Board failed to address evidence indicating additional functional loss and disregarded the Veteran's statements about pain and movement limitations.
The deciding factor: The decision was based on a lack of consideration of evidence showing additional functional loss due to flare-ups and repetitive use over time, as well as the Veteran's reports of needing to lie flat for relief from pain.
- Claimed conditions
- lumbosacral strain, osteoarthritis of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2022
- Citation
- 22049834
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 22049834.
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 connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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