The Board has granted an initial rating of 50 percent for the Veteran's lumbar spine disability, but denied a higher rating and remanded the case for further development. The claim is also remanded to determine if there was clear and unmistakable error in a previous denial of service connection.
The deciding factor: The Board found that the Veteran's lumbar spine disability presented with functional ankylosis, warranting a 50 percent rating. However, the case must be remanded for further development including determining if there was CUE in the September 1991 denial of service connection.
- Claimed conditions
- lumbar spine disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 6, 2024
- Citation
- 24006341
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 24006341.
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 service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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