The Board has remanded the cases for further development due to less than substantial compliance with previous directives. The Veteran's lumbar spine disability and associated neurologic impairments are being reviewed, as is his migraine headaches.
The deciding factor: The Board found that the August 2022 C&P examiner did not consider all relevant evidence, including the July 2009 'Statement of Medical Examination and Duty Status' and the Veteran's lay reports regarding his back injuries. The remand also noted that the Veteran was not afforded a proper examination for migraine headaches.
- Claimed conditions
- lumbar spine degenerative joint disease (DJD), associated right lower extremity (RLE) neurologic impairment, associated LLE neurologic impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004483
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 24004483.
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.
- Remanded (sent back)
The Board has remanded the claims for additional development due to inadequate VA opinions regarding the severity of the Veteran's service-connected bilateral hip and back disabilities. The claims are being returned to the RO for further action.
- Granted
The Board has granted service connection for a lumbar spine disability and bilateral lower extremity radiculopathy, finding that the Veteran's conditions are related to his military service.
- Granted
The Veteran's service-connected disorders, including lumbar spine DJD and bilateral knee DJD, have rendered him unable to secure or follow a substantially gainful occupation since May 12, 2006. Effective dates for TDIU and DEA are granted as of that date.
- Denied
The Veteran's lumbar spine disability is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's bilateral lower extremity radiculopathy is currently rated at 40 percent, and the Board finds no basis to grant a higher rating.,The effective date for the 40 percent rating for BLE radiculopathy cannot be prior to October 7, 2022.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.