The Board has decided to remand the case due to questions regarding whether the Veteran's lumbar spine disability is equivalent to ankylosis during flare-ups, passive range of motion, or repetitive use testing due to pain. The AOJ will need to review additional evidence and provide a new rating decision.
The deciding factor: The Board found that there are questions about the functional equivalence of ankylosis in the Veteran's lumbar spine disability based on his reports during flare-ups and inability to perform passive range of motion and repetitive use testing due to pain.
- Claimed conditions
- lumbosacral strain, degenerative arthritis of the spine, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2024
- Citation
- 24003794
Veterans Law Judge
Decisions by this judge: 1,762 · Granted: 24% (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 24003794.
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 Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
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