The Board has remanded the Veteran's claims for a disability rating and TDIU due to inadequate examination reports and missing records. Specifically, a new VA examination is needed to assess the severity of his lumbar spine disability, including flare-ups and functional loss during flares. Additionally, a retrospective assessment of his employability is required.
The deciding factor: The Board found that the prior examinations were insufficient in assessing the Veteran's lumbar spine disability due to lack of weight-bearing and non-weight-bearing range of motion assessments and an inadequate discussion of flare-ups.
- Claimed conditions
- intervertebral disc syndrome (IVDS), lumbosacral strain, degenerative disc disease (DDD), spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2024
- Citation
- 24007299
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 24007299.
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 Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
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