The Board remands the issues of entitlement to a disability rating in excess of 10 percent disabling for degenerative disc disease lumbar spine and service connection for a left knee disability for additional evidence and examination.
The deciding factor: The Board finds that there has not been substantial compliance with its remand directives, and new examinations are needed to evaluate the true extent of impairment based on the data produced from an in-person examination coupled with the lay complaints of the Veteran.
- Claimed conditions
- Degenerative disc disease lumbar spine, Left knee disability (patellofemoral pain syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004387
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 claims for earlier effective dates for increased ratings and service connection, as well as remanded several new claims.
- Dismissed
The claims for increased ratings for degenerative disc disease lumbar spine and PTSD were dismissed due to the Veteran's death during the pendency of the appeal.
- Dismissed
The Board dismissed the claims for service connection for a lumbar spine condition, left knee condition, left ankle condition, and right ankle condition as they were found to be duplicative appeals. The claim for a neck condition was remanded for further development.
- Remanded (sent back)
The Board has denied a temporary total disability rating for January 2018 low back surgery due to insufficient evidence of convalescence, severe postoperative residuals, or immobilization. The case is remanded for further examination and consideration of the Veteran's claim for higher level SMC based on his service-connected disabilities.
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