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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation A24021692.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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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