The appeal for higher lumbar spine disability ratings is remanded to obtain adequate retrospective opinions regarding the severity of the Veteran's lumbar spine disability over the course of the entire appeal period.
The deciding factor: The August 2023 VA medical opinions are inadequate due to lack of relevant information and a general aversion to offering requested opinions, necessitating further development.
- Claimed conditions
- low back strain, status post lumbar spine decompression and laminectomy with degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome (IVDS), and IVDS (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004102
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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Other Board decisions on a similar condition or argued the same way.
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