The Veteran's claim for an initial rating in excess of 10 percent for service-connected compression fracture L1, claimed as back injury, is being remanded due to the need for a VA examination to assess the extent of his functional impairment during flare-ups.
The deciding factor: The Board found that the February 2020 C&P Exam did not substantially comply with the November 2019 directives regarding the Veteran's lay statements and functional impairment during flare-ups.
- Claimed conditions
- compression fracture L1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2023
- Citation
- 23047966
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 23047966.
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 a higher rating for his compression fracture L1 and chronic strain (lumbar spine disability) is denied as the evidence does not support a finding of additional limitation of motion or associated neurologic abnormalities.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected compression fracture L1, claimed as back injury, is remanded due to the inadequacy of the previous VA examination and the need for additional medical evidence.
- Denied
The Veteran's service-connected residuals, compression fracture, L1, have been rated at 20 percent. The Board found that the disability did not meet or approximate criteria for a higher rating as there was no evidence of forward flexion of 30 degrees or less, or favorable ankylosis.
- Granted
The Veteran's claim for an effective date prior to August 14, 2007 for the grant of a total disability rating based on individual unemployability (TDIU) was granted. The effective date is set at November 1, 2005.
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