The Board has remanded the issues of a rating in excess of 10 percent prior to February 10, 2020, and in excess of 20 percent on and after February 10, 2020, for lumbar spine strain and a TDIU due to scheduling conflicts.
The deciding factor: The Veteran missed or was late for scheduled VA examinations multiple times, which prevented the completion of necessary evaluations.
- Claimed conditions
- lumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2023
- Citation
- 23067990
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 23067990.
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 service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
- Remanded (sent back)
The Board has determined that the reduction in disability rating for lumbar spine strain from 40% to 20% was improper and has granted a restoration of a 40% rating. The claim for an increased disability rating for PTSD remains pending.
- Granted
The Board has granted an increased rating to 20 percent for the Veteran's lumbar spine strain with IVDS and degenerative arthritis, finding that his forward flexion during flare-ups closely approximates 60 degrees.
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