The Board has remanded the Veteran's claims for increased disability ratings for his cervical and lumbar spine disabilities, as well as his claim of a total disability rating based on individual unemployability (TDIU). The remand is due to inadequate medical opinions provided in previous VA examinations.
The deciding factor: The VA examinations did not adequately address the Veteran's disabilities compliant with the holding in Sharp v. Shulkin and the February 2023 Board remand directives, specifically regarding the severity of his neck disability and its impact on functional loss during flare-ups or repeated use over time.
- Claimed conditions
- cervical spondylosis with intervertebral disc syndrome (IVDS), lumbar spine strain with IVDS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000813
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000813.
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 Veteran's bilateral knee disabilities and lumbar spine strain with IVDS are rated at a 30 percent disability level. Effective February 17, 2026, the Veteran is granted a rating of 30 percent for his service-connected left knee mild chondromalacia, limitation of extension; right knee mild chondromalacia, limitation of extension; and lumbar spine strain with IVDS.
- Granted
The Board granted service connection for lumbar spine strain with IVDS, bilateral lower extremity radiculopathy (secondary to the lumbar spine disability), and right and left knee disabilities on a direct basis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased disability ratings for his low back and neck disabilities, as well as a claim for TDIU due to service-connected disabilities. The Veteran is required to undergo VA examinations to assess the severity of his lumbar spine strain with IVDS and cervical spondylosis with IVDS, and VA must consider the Veteran's employment history in determining whether he is unemployable.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his service-connected lumbar spine strain with IVDS and right lower extremity radiculopathy due to inadequate examination findings. The Veteran is required to provide authorization for private treatment records, and a new VA examination must be conducted.
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