The Veteran's claim for a higher rating for his thoracolumbar degenerative disc disease is remanded due to the need for a new VA examination and medical opinion, as well as addressing the etiology of his diagnosed radiculopathy.
The deciding factor: The September 2018 VA C&P examination was inadequate and does not address recent evidence or the Veteran's symptomatology. A new examination is needed to assess current functional loss and whether the Veteran's radiculopathy is related to service-connected conditions.
- Claimed conditions
- thoracolumbar degenerative disc disease, lumbago
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2023
- Citation
- 23050315
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 23050315.
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 claims for service connection for various conditions have been denied due to a lack of current diagnoses.,The Veteran has withdrawn her claims for right pretibial edema, hyperlipidemia, hypokalemia, an acquired psychiatric disorder, difficulty swallowing, and left eye cornea scarring.
- Granted
The Board has granted service connection for a lumbar back condition as secondary to the Veteran's service-connected right foot condition.
- Denied
The Veteran's lumbago has been manifested at its worst by forward flexion greater than 30 degrees but not greater than 60 degrees, and no ankylosis or the functional equivalent thereof. The criteria for an initial rating in excess of 20 percent have not been met.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on aid and attendance for his spouse, finding that she did not meet the criteria set forth in 38 C.F.R. § 3.352(a) due to her ability to leave the house with assistance.
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