The Board remands the matter for a new VA examination to determine the current severity of the Veteran's back disability, including functional impairment due to flare-ups.
The deciding factor: The previous examinations were inadequate as they did not address the frequency, duration, characteristics, severity, and functional loss during flare-ups.
- Claimed conditions
- Degenerative arthritis of the spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001301
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.
- Dismissed
The appeal for a rating in excess of 20 percent for service-connected degenerative arthritis of the spine with IVDS is dismissed as it has been subsumed by a previous remand.
- Granted
The Board granted a total disability rating for individual unemployability on an extraschedular basis and an effective date of September 17, 2017, for DEA benefits.
- Remanded (sent back)
The Board remands the case for further development to ensure compliance with previous remand directives.
- Denied
The Board denied the veteran's claims for increased ratings for degenerative arthritis of the spine with IVDS and radiculopathy of both lower extremities, finding that the evidence did not support higher ratings during the specified periods.
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