The Veteran's claim for an increased initial evaluation in excess of 10 percent for lumbar spine degenerative arthritis with scoliosis is being remanded due to the need for additional development, including a re-examination and consideration of flare-ups.
The deciding factor: The Board found that the current examination report did not reconcile the Veteran's mention of flare-ups outside the context of 2017 and 2021 VA examinations, and no medical determination has been made regarding whether her scoliosis worsened by muscle spasms she reported experiencing.
- Claimed conditions
- lumbar spine degenerative arthritis with scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2023
- Citation
- 23003388
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 23003388.
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 remands the Veteran's claim for a higher disability rating for her service-connected lumbar spine degenerative arthritis with scoliosis due to a pre-decisional duty to assist error.
- Denied
The Veteran's back disability has been rated at 10 percent since November 2021, and the Board finds no evidence of additional loss of motion or other factors warranting a higher rating.
- Remanded (sent back)
The Board has determined that the Veteran's service-connected lumbar spine disability alone is sufficient to warrant a TDIU effective June 28, 2014. Additionally, his other service-connected disabilities are rated at least 60% disabling, meeting the criteria for SMC under Section 1114(s) of the VA Benefits Act.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.