The Board remands the issue of an increased rating greater than 20 percent prior to July 29, 2015, for service-connected low back strain and DDD due to outstanding records from VA-authorized low back treatment dating from February 2017 and relevant private treatment records.
The deciding factor: A remand is required to obtain additional medical records before final adjudication of the issue.
- Claimed conditions
- Low back strain, Degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2024
- Citation
- 24003089
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 claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the veteran's claims for an earlier effective date and service connection for sleep apnea, finding no clear and unmistakable error in the prior rating decisions and no evidence linking the sleep apnea to service or a service-connected disability.
- Partly granted
The Board granted an initial rating of 20 percent for left and right lower extremity radiculopathy, but remanded other claims related to obstructive sleep apnea, bladder condition, left knee disability, degenerative disc disease, bilateral hearing loss, and right shoulder disability.
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