The Veteran's appeal is being remanded due to inadequate VA examination opinions and failure to comply with prior remand directives. The issues of entitlement to a higher rating for lumbosacral strain with arthritis, and service connection for a right big toe disability are both being remanded.
The deciding factor: The Board found that the previous VA examinations were insufficient and did not address the correct standard for determining functional ankylosis or secondary aggravation of disabilities.
- Claimed conditions
- lumbosacral strain with arthritis, right big toe disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2023
- Citation
- 23003244
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 23003244.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for left and right big toe disabilities, as well as the issue of character of discharge from military service. Additional development is required to address inconsistencies in the rating decision, obtain missing records, and provide adequate notice to the veteran regarding his claim.
- Granted
The Veteran's claim for a higher rating for lumbosacral strain with arthritis was granted, receiving an initial disability rating of 40 percent. The other service connection claims were denied.
- Granted
The appellant is granted SMC(o) and SMC(r)(1) based on his service-connected disabilities, including PTSD, glaucoma, foot drop conditions, sleep apnea, migraines, overactive bladder, and various musculoskeletal issues. He does not qualify for higher rates due to the anatomical loss or use of extremities.
- Partly granted
The Veteran's appeal for an earlier effective date for the evaluation of lumbosacral strain with degenerative arthritis of the spine was granted, while other claims were remanded.
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