The Board has remanded the case due to an inadequate VA examination, and a new evaluation is needed for the Veteran's lumbosacral spine disability.
The deciding factor: The examination report did not comply with Correia and Mitchell standards regarding range of motion testing and pain assessment.
- Claimed conditions
- lumbosacral spine degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 1, 2023
- Citation
- 23042149
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 23042149.
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 left knee disability, lumbosacral spine degenerative joint and disc disease, and right lower extremity radiculopathy as secondary to the lumbosacral spine condition. The conditions are deemed related to in-service injuries during combat operations.
- Granted
The Veteran's TDIU claim is granted as he has been rendered unable to secure and maintain substantially gainful employment due to his service-connected disabilities. The Veteran also withdrew his increased rating for PTSD, and the Board does not have jurisdiction over the sleep apnea issue.
- Remanded (sent back)
The Veteran's lumbosacral spine degenerative joint and disc disease is currently rated at 40 percent, effective September 26, 2018. The Board has remanded the case to determine if a higher rating is warranted prior to that date.
- Remanded (sent back)
The Veteran's application to reopen his claim for service connection for hearing loss is granted. An increased rating of 40 percent is granted for lumbosacral spine disability, but the left breast scar remains at a non-compensable rating. The remaining issues are remanded.
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