The Board has remanded the Veteran's claims for a VA examination and retrospective medical opinion to address functional loss during flare-ups and after repeated use over time.
The deciding factor: The Court found that the Board failed to provide adequate reasons and bases for its decision, specifically regarding the adequacy of prior VA examination reports and whether they included testing on passive motion and under non-weightbearing conditions.
- Claimed conditions
- lumbar strain, spinal stenosis, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2023
- Citation
- 23024251
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 23024251.
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.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
- Remanded (sent back)
The Board has granted service connection for lumbar strain and lumbar intervertebral disc syndrome with left sciatica. The right lower extremity sciatica claim is remanded due to a duty-to-assist error.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
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