The Board has remanded the case for further development to address issues related to a rating in excess of 10 percent prior to December 21, 2022, and in excess of 40 percent thereafter, for residuals of a fracture of the L2 vertebra with chronic low back pain. The propriety of the separately assigned rating for RLE radiculopathy is also remanded.
The deciding factor: The Board found that VA examinations did not adequately address whether the Veteran's medications had an ameliorative effect on her range of motion findings and whether her disability results in the functional equivalent of ankylosis based on her reports of flare-ups.
- Claimed conditions
- Fracture of the L2 vertebra, Chronic low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001297
Veterans Law Judge
Decisions by this judge: 1,676 · Granted: 24% (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 24001297.
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
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