The Board has restored a 40 percent disability rating for the Veteran's lumbar strain effective January 1, 2019. However, the case is remanded to obtain updated VA and private treatment records and to schedule the Veteran for a VA examination to assess the current severity of his lumbar spine condition.
The deciding factor: The evidence did not demonstrate improvement in the Veteran's ability to function under ordinary conditions of life and work, or that any improvement would be maintained. The case is therefore remanded for further development.
- Claimed conditions
- Lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004587
Veterans Law Judge
Decisions by this judge: 837 · Granted: 24% (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 24004587.
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.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Granted
The Veteran's service-connected lumbar spine disability and other disabilities have been granted, including a TDIU based on his inability to secure or follow substantially gainful employment due to these conditions.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
- Granted
The Veteran's service-connected disabilities, including her lumbar spine disability and migraine headaches, have caused her to require regular aid and attendance. SMC based on the need for aid and attendance is granted.
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