The Board remands the issue of entitlement to a disability rating in excess of 20 percent for lumbar intervertebral disc syndrome from June 6, 2008, due to inadequate VA examinations and lack of substantial compliance with previous remand directives.
The deciding factor: Inadequate VA examinations failed to account for the Veteran's use of prescription pain medication and did not provide a retrospective opinion regarding the severity of his condition from June 6, 2008, to the present.
- Claimed conditions
- lumbar intervertebral disc syndrome with degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2024
- Citation
- 24033540
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 matter for an eighth time to obtain a retrospective medical opinion regarding the severity of the Veteran's service-connected lower back condition from June 2008 to the present, in compliance with Stegall v. West.
- Granted
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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