The Board remands the issue of entitlement to an increased rating in excess of 20 percent for service-connected status post laminectomy with spondylolisthesis L4 and L5 due to the inadequacies of previous examinations.
The deciding factor: Remand is required to obtain a retrospective opinion regarding the extent of functional loss during flare-ups as described at the April 2022 VA examination, given the Veteran's consistent statements regarding flareups and the fact that the only other range of motion testing during this appeal period is as remote as 14 years ago.
- 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
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 a compensable evaluation of 40 percent for the Veteran's service-connected status post laminectomy with spondylolisthesis L4 and L5, effective from November 17, 2008.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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