The Board has remanded the case due to a need for a retrospective medical opinion regarding the Veteran's lumbosacral spine disability from July 1, 2009, to April 22, 2022. The examiner is required to provide specific measurements of range of motion lost due to pain in both weight-bearing and non-weight-bearing positions.
The deciding factor: The Board found that the September 2009 and July 2013 VA spine examinations did not contain all necessary range of motion findings, as per Correia v. McDonald (28 Vet. App. 158, 169-170).
- Claimed conditions
- lumbosacral spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 18, 2023
- Citation
- 23056860
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. Read the original VA decision (opens in a new tab) using citation 23056860.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his lumbosacral spine disability and for TDIU based on that condition due to inadequate examination. The case is being returned for further development.
- Denied
The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.
- Remanded (sent back)
The Veteran's sleep apnea is being remanded for a VA examination to determine if it is proximately due to or has undergone any incremental increase in disability due to his service-connected mental health, back, and shoulder disabilities.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
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