The Board has remanded the claims for an extension of the temporary total evaluation, a rating in excess of 10 percent for lumbar spine DDD, and entitlement to TDIU prior to July 19, 2016. Additional evidence is needed from Dr. McKenzie regarding work restrictions placed on the Veteran during the period October 1, 2013, to December 31, 2013. A VA examination is also required to assess the current severity of the lumbar spine disability and its estimated severity for each period throughout the period on appeal.
The deciding factor: The Board found that there was a duty to assist error in not obtaining records from Dr. McKenzie regarding work restrictions placed on the Veteran during the period October 1, 2013, to December 31, 2013. Additionally, a VA examination is needed to assess the current severity of the lumbar spine disability and its estimated severity for each period throughout the period on appeal.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2024
- Citation
- A24053380
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 A24053380.
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 Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the service connection for left lower extremity radiculopathy, including as aggravated by service-connected lumbar spine degenerative disc disease (DDD).
- Granted
The Veteran's service-connected lumbosacral spine disability, including spondylosis, lumbar spine degenerative disc disease (DDD), facet joint arthritis, and L4-5 disc bulge, is now rated at 40 percent effective June 11, 2019.
- Denied
The Board has denied the Veteran's requests to appeal the May 12, 2023 rating decision that granted service connection for bilateral hearing loss and denied service connection for lumbar spine DDD, left heel injury, and right knee injury. The reasons given were that the appeals were not timely filed.
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