The Board has remanded the Veteran's claims for increased ratings for lumbar degenerative joint disease with IVDS due to inadequate medical evidence in previous decisions and a lack of compliance with VA examination requirements.
The deciding factor: The VA examinations did not comply with the Court's holding in Correia v. McDonald, which requires that VA examinations include testing for pain on both active and passive motion, in weight-bearing and non-weight-bearing, and measurements of the opposite undamaged joint.
- Claimed conditions
- lumbar degenerative joint disease with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2024
- Citation
- 24032955
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24032955.
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 claim for special monthly compensation based on the need for aid and attendance due to conflicting information regarding the Veteran's ability to perform daily activities.
- Denied
The Veteran's service-connected disabilities do not meet the requirements for a higher rate of special monthly compensation (SMC) than that provided under 38 U.S.C. § 1114(l).
- Remanded (sent back)
The Veteran's claims for increased ratings for lumbar degenerative joint disease with IVDS are being remanded due to inadequate medical evidence in the prior decisions. The VA is instructed to provide an appropriate examination and assess the current severity of the service-connected condition.
- Remanded (sent back)
The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected low back disability. The issue of entitlement to a TDIU prior to December 18, 2019, is remanded.
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