The Board remands the claims for increased ratings for lumbosacral strain with degenerative arthritis and IVDS due to an inadequate VA examination.
The deciding factor: The August 2023 VA examination did not comply with the requirements of Sharp v. Shulkin, 29 Vet. App. 26 (2017), as it failed to address flare-ups and provide a range of motion during flares or repetitive use.
- Claimed conditions
- lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (IVDS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001402
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 Board granted service connection for right ankle bursitis, left ankle bursitis, lumbosacral strain with degenerative arthritis and IVDS, a 30 percent rating for the right knee condition, and an initial 10 percent rating for sinusitis.
- Remanded (sent back)
The Board remands the veteran's claims for increased ratings due to a need for additional development, including VA examinations and clarification of the Veteran's wishes regarding his claims.
- Dismissed
The appeal concerning the evaluation of bilateral radiculopathy of the lower extremities and lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (IVDS) has been dismissed.
- Granted
The Veteran's service-connected disabilities, including left ankle degenerative joint disease, right hip replacement, lumbosacral strain with degenerative arthritis and intervertebral disc syndrome (IVDS), painful surgical scar due to hip replacement, lumbar radiculopathy of the bilateral lower extremities, and tinnitus, have prevented him from securing and maintaining substantially gainful employment.
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