The Board has remanded the case due to a need for a retrospective opinion regarding the Veteran's back disability during flare-ups in 2016.
The deciding factor: The decision was remanded because the Board did not provide adequate reasons and bases for its denial of the claim, specifically regarding the estimation of range of motion during flare-ups.
- Claimed conditions
- thoracolumbar spine degenerative disc disease, lumbosacral degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2023
- Citation
- 23005832
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 23005832.
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-connected disabilities, including migraine headaches, chronic vertigo, thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, left and right lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined effects of these disabilities.
- Denied
The Board denied an earlier effective date for service connection of thoracolumbar spine degenerative disc disease, finding that the Veteran did not file a claim prior to March 1, 2018.
- Granted
The reduction of the Veteran's disability rating for lumbosacral degenerative arthritis from 40 percent to 20 percent was improper, and his rating is restored to 40 percent effective June 1, 2024.
- Remanded (sent back)
The Board remands the issue of entitlement to an evaluation in excess of 20 percent for thoracolumbar spine degenerative disc disease due to a duty to assist error.
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