The Board has remanded the claims for increased ratings for lumbar muscle spasm and TDIU due to incomplete retrospective opinion on the severity of the Veteran's back disability. Additional development is required, including obtaining a retrospective opinion from an appropriate clinician.
The deciding factor: The retrospective opinion did not provide estimates of additional range-of-motion loss during flare-ups and with repeated use over time throughout the appeal period as requested by the Board.
- Claimed conditions
- lumbar muscle spasm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2024
- Citation
- 24012642
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 24012642.
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 remands the issues of an increased rating for lumbar muscle spasm and entitlement to a total disability rating based upon individual unemployability (TDIU) due to the need for a new medical opinion that discounts the beneficial effects of medication.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection of a lumbar spine disorder due to insufficient opinions regarding the etiology and nature of his claimed condition.
- Remanded (sent back)
The Veteran's appeal of the rating assigned for his service-connected lumbar muscle spasm was remanded due to an inadequate examination report. The Board also found that the issue of entitlement to TDIU should be addressed as part of the Veteran's appeal.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error and an inadequate opinion regarding secondary service connection for lumbar spine disability.
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