The Board remands the issue of an initial rating in excess of 10 percent for a low back disability prior to April 19, 2018, due to inadequate VA examination and lack of sufficient evidence regarding the severity of the condition during that period.
The deciding factor: The August 2011 VA examination did not adequately address flare-ups or functional loss, and an in-person examination is needed for a more accurate assessment.
- Claimed conditions
- Degenerative arthritis, spinal stenosis, and thoracic spine compression fractures (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2024
- Citation
- 24002138
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.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Granted
The Board granted service connection for a neck injury, including degenerative arthritis, IVDS, spinal stenosis, and history of spinal fusion, based on the evidence showing chronicity since service.
- Granted
The Board granted an effective date of February 25, 2025 for the award of service connection for degenerative disc disease thoracolumbar spine with degenerative arthritis, spinal stenosis, and levoscoliosis.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
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