The Veteran's appeal for an increased disability rating for his service-connected lumbar spine disabilities is remanded due to a duty-to-assist error in the prior VA examinations.
The deciding factor: There were deficiencies in the prior VA examination reports, particularly regarding range of motion testing and flare-ups, which are necessary to determine the correct evaluation.
- Claimed conditions
- Degenerative Joint Disease (DJD), Degenerative Disc Disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2024
- Citation
- A24059206
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 A24059206.
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 Veteran's claim for service connection for Degenerative Disc Disease (DDD) is being remanded due to a failure to provide the Veteran with a VA examination in connection with her claim. The Board finds that this was a pre-decisional duty to assist error and requires rescheduling of the examination.
- Granted
The Veteran's degenerative disc disease is related to service and the Board has granted service connection for this condition.
- Granted
The Board has granted an effective date of August 7, 2023 for the grant of service connection for Degenerative Disc Disease and Intervertebral Disc Syndrome (also claimed as a back condition), and bilateral lower extremity sciatic neuropathy.
- Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
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