The Veteran's claim for an increased disability evaluation in excess of 20 percent prior to April 26, 2021, and in excess of 40 percent thereafter for service-connected intervertebral disc syndrome (IVDS) with lumbosacral strain and scoliosis is being remanded due to the need for additional development. Specifically, a VA examination is required to assess the current severity of the Veteran's lumbar spine disability, including during flare-ups, and to determine whether there is functional ankylosis.
The deciding factor: The Board found that a remand was necessary to obtain an adequate medical opinion regarding whether the Veteran's lumbar spine disability, particularly during flare-ups, is equivalent to 'functional ankylosis,' as per Chavis v. McDonough (2021).
- Claimed conditions
- intervertebral disc syndrome (IVDS), lumbosacral strain, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2024
- Citation
- A24048863
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 A24048863.
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.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
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