The Board has remanded the cases for additional development due to issues regarding flare-ups and functional impairments of the Veteran's lumbar spine disability, as well as potential referral to the Director of Compensation Service for TDIU.
The deciding factor: The Board found that additional development is necessary to address the Veteran's complaints about flare-ups and their impact on his lumbar spine disability.
- Claimed conditions
- residuals of an injury to the thoracolumbar spine, scoliosis, degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2024
- Citation
- 24004407
Veterans Law Judge
Decisions by this judge: 2,077 · Granted: 25% (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 24004407.
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.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Granted
The Board has determined that the Veteran's back disability, diagnosed as lumbar strain, spinal stenosis and degenerative disc disease (DDD) of the lumbar spine, is causally related to service. As such, service connection for this condition is granted.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
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