The Board has remanded the case due to inadequacies in the April 2022 VA examination, specifically regarding the Veteran's reports of flareups and range of motion during periods of increased pain.
The deciding factor: The April 2022 VA examination did not adequately address the Veteran's reports of flareups and their impact on his range of motion.
- Claimed conditions
- status post laminectomy with spondylolisthesis L4 and L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002382
Veterans Law Judge
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 24002382.
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 has remanded the case due to inadequate examination reports and the need for a retrospective opinion regarding the Veteran's low back disability during periods of flare-ups.
- Remanded (sent back)
The Board has remanded the case for further development and evaluation due to procedural issues, including inadequate statements of reasons and bases for ratings, as well as an incomplete VA examination. The Veteran's left lower extremity neuropathy is being evaluated again, along with his lumbar spine disability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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