The Board has remanded the Veteran's spine disability increased rating issue due to lack of substantial compliance with the February 2023 remand directives. The case is now pending for a new VA back examination to obtain estimates concerning additional loss of range of motion during flare-ups.
The deciding factor: The Board found that the most recent VA examination did not appropriately address the issue of loss of range of motion during flare-ups, and thus required a new VA medical opinion.
- Claimed conditions
- Degenerative arthritis of the spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2023
- Citation
- 23061517
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 23061517.
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 granted service connection for degenerative arthritis of the spine with intervertebral disc syndrome, right knee, and left knee as secondary to the right knee.
- Partly granted
The Veteran's service-connected low back disability was denied a rating in excess of 40 percent, but TDIU was granted due to his inability to secure or follow a substantially gainful occupation.
- Partly granted
The Board denied an initial rating in excess of 70 percent for PTSD but granted individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board denied an initial increased rating higher than 40 percent for degenerative arthritis of the spine with intervertebral disc syndrome and remanded the claim for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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