The Board has remanded the claims for additional examinations and opinions to address the Veteran's service-connected disabilities, specifically regarding his low back strain with degenerative joint disease, cervical spine condition, left clavicle fracture, and other symptoms. The issues are related to determining appropriate disability ratings based on the severity of these conditions.
The deciding factor: The Board found that there has not been substantial compliance with previous remand directives and requires additional examinations and opinions to address the Veteran's service-connected disabilities in detail.
- Claimed conditions
- Low back strain with degenerative joint disease, Degenerative disc disease of the cervical spine with cervical intervertebral disc syndrome, Left clavicle fracture with degenerative arthritis of the shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2023
- Citation
- 23057282
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 23057282.
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.
- Remanded (sent back)
The Veteran's low back disability is rated at 20 percent from May 13, 2008. The Board found that the condition more closely approximated forward flexion greater than 30 degrees but not greater than 60 degrees, warranting a 20 percent rating. However, ankylosis was not present, thus preventing a higher rating.
- Denied
The Veteran's claims for an increased rating for low back strain with degenerative joint disease and TDIU were denied due to his failure to appear for scheduled VA examinations without showing good cause.
- Denied
The Veteran's claim for an increased disability rating and TDIU was denied. The Board found that the evidence did not support a higher disability rating for low back strain with degenerative joint disease, as his flexion remained above 30 degrees throughout the appeal period. For TDIU, the combined rating of 60% from service-connected disabilities met the threshold criteria but the Veteran was deemed unable to secure and follow substantially gainful employment due to his service-connected conditions.
- Denied
The Veteran's low back strain with degenerative joint disease is currently rated at 20 percent, and the right and left lower extremity radiculopathy associated with it are both rated at 40 percent. The Board found that these ratings were appropriate based on the evidence of record.
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