The Board has decided to remand the case due to a duty to assist error and will schedule the Veteran for a new VA examination to assess the current severity of his lumbar spine disability, including whether it manifests in the functional equivalent of ankylosis.
The deciding factor: The Board found that there was a pre-decisional duty to assist error regarding the assessment of the Veteran's lumbar spine disability and ordered a new examination to address this issue.
- Claimed conditions
- Degenerative disc disease, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2024
- Citation
- A24035923
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 A24035923.
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 claims for increased ratings and TDIU due to pre-decisional duty to assist errors.
- Remanded (sent back)
The Veteran's claim for a higher initial rating for his back condition remains pending before the Board. The case is remanded due to unclear functional limitations reported in May 2021 opinion and need for clarification regarding the period of appeal.
- Granted
The Veteran is granted a TDIU effective October 1, 2004 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.
- Granted
The Veteran's disability rating for lumbar disc disease was granted at a 40 percent level, effective May 6, 2011. A TDIU was also granted.
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