The Veteran's lumbar spine disability is remanded due to a pre-decisional duty to assist error and the need for an adequate VA examination.
The deciding factor: There was a failure to provide the Veteran with an adequate VA examination to assess his current level of disability, which could significantly limit functional ability.
- Claimed conditions
- disc damage, disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2023
- Citation
- A23036382
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 A23036382.
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 Board has granted service connection for a lumbar disorder and bilateral sensorineural hearing loss, finding that the Veteran's current conditions are related to his military service.
- Denied
The Board denied benefits for a child born with birth defects and spina bifida under 38 U.S.C. § 1805, as the appellant does not have a diagnosis of spina bifida and is not the biological daughter of the Veteran.
- Granted
The Veteran's service-connected lumbar paravertebral myositis, disc disease, and spine spondylosis rendered him unable to secure or follow a substantially gainful occupation as of March 28, 2018. The Board granted his TDIU claim.
- Granted
The Veteran's back disability is granted a 40 percent rating beginning January 21, 2014. The issue of service connection for right and left ankle disabilities has been remanded.
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