The Board has remanded the Veteran's claims for a higher rating for her low back disability and TDIU due to service-connected disabilities prior to March 19, 2021. The case will be returned to the AOJ for further development.
The deciding factor: The January 2023 Joint Motion for Partial Remand (JMR) found that the Board did not provide an adequate statement of reasons and bases in its denial of a higher than 10 percent rating, by failing to address relevant treatment records and evidence of possible neurological abnormalities. The Court also found that the Board did not consider lay statements submitted by the Veteran and her coworkers about the effects of her migraines on her employment.
- Claimed conditions
- spondylolisthesis, degenerative arthritis of the spine, degenerative disc disease, intervertebral disc syndrome (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004290
Veterans Law Judge
Decisions by this judge: 913 · Granted: 41% (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 24004290.
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 Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
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