The Board has ordered a remand to obtain a more complete medical opinion regarding the nature and etiology of the Veteran's claimed low back disability, including whether it is related to service or aggravated by a service-connected condition.
The deciding factor: The VA examiner did not provide sufficient rationale for their opinions and failed to consider all relevant evidence, particularly the conflicting reports of normal and abnormal gait in the treatment records and the November 2021 examiner's opinion regarding genetic predisposition to scoliosis.
- Claimed conditions
- Degenerative Disc Disease (DDD) other than intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2022
- Citation
- 22052489
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 22052489.
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 claims for increased ratings for her service-connected back and right lower extremity radiculopathy disabilities were denied. The rating for DDD other than IVDS, status post micro discectomy at L5-S1 was not granted as it did not result in unfavorable ankylosis of the entire thoracolumbar spine or the entire spine. Ratings for RLE radiculopathy affecting the femoral and sciatic nerves were also denied.
- Granted
The Board granted service connection for Degenerative Disc Disease (DDD) other than intervertebral disc syndrome (IVDS), resolving reasonable doubt in the Veteran's favor.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 10 percent for degenerative disc disease (DDD) other than intervertebral disc syndrome (IVDS).
- Remanded (sent back)
The Board remands the claims for a rating in excess of 40 percent for service-connected DDD other than IVDS and entitlement to TDIU, as the May 2023 VA examination was found inadequate.
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