The Board remands the issue of entitlement to a rating in excess of 10 percent for lumbar strain with bilateral L5 spondylolysis and retrolisthesis L4-5, L3-4, and L2-3 (low back disability) prior to October 9, 2018, and in excess of 20 percent thereafter due to the need for a new VA examination.
The deciding factor: The Board finds that the evidence with regard to the presence and functional impact of flareups is ambiguous, necessitating a remand for a retrospective opinion regarding flareups over the course of the period on appeal.
- Claimed conditions
- lumbar strain with bilateral L5 spondylolysis and retrolisthesis L4-5, L3-4, and L2-3 (low back disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004025
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.