The Board has remanded multiple issues related to the Veteran's spine, bilateral lower extremity, and foot disabilities due to a Joint Motion for Partial Remand (JMPR). The issues include increased ratings for these conditions as well as entitlement to SMC based on aid and attendance and loss of use.
The deciding factor: The JMPR required the Board to determine if SMC is warranted due to the Veteran's service-connected disabilities, which could impact a decision on TDIU prior to February 22, 2008. The remand also includes scheduling VA examinations for the Veteran's orthopedic and neurological disabilities.
- Claimed conditions
- Degenerative disc disease, Arthritis of the thoracolumbar spine, Neuralgia of the right sciatic nerve, Neuralgia of the left sciatic nerve, Right foot disability (bilateral pes planus, mild to moderate foot metatarsus primus varus hallux valgus with associated mild bunion formation, bilateral hammertoe deformities, bilateral moderate-sized calcaneal enthesophytes/spurs, and osteopenia), Left foot disability (bilateral pes planus, mild to moderate foot metatarsus primus varus hallux valgus with associated mild bunion formation, bilateral hammertoe deformities, bilateral moderate-sized calcaneal enthesophytes/spurs, and osteopenia)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2024
- Citation
- 24002642
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
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 24002642.
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.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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