The case is remanded for further development, including obtaining outstanding VA and private treatment records, providing a retrospective opinion regarding the severity of the Veteran's back disability prior to July 17, 2017, and determining whether the Veteran has radiculopathy in either lower extremity due to his low back disability.
The deciding factor: The August 2016 VA examination was found inadequate as it did not address pain, weakness, fatigability, or incoordination after repeated use over time without resorting to speculation, which is required by law.
- Claimed conditions
- low back strain with lumbar degenerative disc disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2024
- Citation
- 24000938
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.