The Board has remanded the case due to inadequate reasons or bases for denying a higher rating for lumbosacral strain with degenerative joint disease. The Veteran needs another VA examination to assess his current disability level.
The deciding factor: The Court found that the Board's decision did not adequately address whether the September 2021 VA examination report complied with the remand instructions and failed to compare the Veteran's functional loss with the criteria for ankylosis in the rating schedule.
- Claimed conditions
- lumbosacral strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2022
- Citation
- 22071639
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 22071639.
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 claims for an earlier effective date for TDIU and DEA, as well as the claim for a higher rating for his low back disability, were denied. However, the Board granted an effective date of December 30, 2009, but no earlier, for both TDIU and DEA.
- Denied
The Board denied entitlement to a rating in excess of 40 percent for the Veteran's lumbosacral strain with degenerative joint disease, as the evidence did not support a higher rating based on the current severity and functional impairment.
- Dismissed
The appeal for entitlement to left hip injury, right hip injury, and right hand injury was dismissed as these issues were not properly appealed. The remaining claims are remanded for further development.
- Denied
The claim for a higher rating than 20 percent for lumbosacral strain with degenerative joint disease was denied because the veteran did not attend a scheduled VA examination.
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