The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for lumbar spine strain prior to April 23, 2015, and beginning August 1, 2015; a rating in excess of 40 percent for lumbar spine strain beginning September 8, 2017; and TDIU due to service-connected disability prior to July 13, 2015. The claims are remanded because the VA examinations conducted were not adequate.
The deciding factor: The VA examinations did not include passive, weight-bearing or nonweight-bearing range of motion testing, which is required by regulations and court decisions for an adequate examination.
- Claimed conditions
- lumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 1, 2023
- Citation
- 23012694
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. Read the original VA decision (opens in a new tab) using citation 23012694.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has determined that the reduction in disability rating for lumbar spine strain from 40% to 20% was improper and has granted a restoration of a 40% rating. The claim for an increased disability rating for PTSD remains pending.
- Granted
The Board has granted an increased rating to 20 percent for the Veteran's lumbar spine strain with IVDS and degenerative arthritis, finding that his forward flexion during flare-ups closely approximates 60 degrees.
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