The Veteran's appeal of the rating assigned for his service-connected degenerative arthritis of the thoracolumbar spine is remanded due to a duty-to-assist error. The issues of service connection for neurological impairment of the bilateral lower extremities are also remanded as VA failed to fulfill its duty to assist.
The deciding factor: The Veteran's initial two thoracolumbar spine examination reports did not include an assessment of additional range-of-motion loss during flare-ups, which is required by law. The Veteran's representative requested a remand for this issue.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Left lower extremity neurological impairment, Right lower extremity neurological impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2024
- Citation
- A24021692
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 A24021692.
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.
- Dismissed
The Veteran's appeal for service connection of degenerative arthritis of the thoracolumbar spine was dismissed as a matter of law due to a full grant of benefits. The appeals for left knee and left ankle disabilities are remanded.
- Granted
The Veteran's lumbar disability and associated radiculopathy of the sciatic and femoral nerves are granted with effective dates from June 30, 2010. A 40% rating is assigned for the lumbar disability.
- Granted
The Board has determined that the Veteran's back disability, including degenerative arthritis of the thoracolumbar spine, is related to his active service and grants service connection for this condition.
- Denied
The Veteran's claim for an initial rating higher than 40 percent for his back disability is denied. The issue of entitlement to a TDIU from February 25, 2016, to August 14, 2022, is also denied. The effective date for Dependents' Educational Assistance (DEA) benefits is denied.
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