The Veteran's claim for an evaluation in excess of 20 percent for his service-connected intervertebral disc degeneration, L5-S1, L4-L5, neural foraminal stenosis L5-S1 is being remanded due to a pre-decisional duty to assist error. A new VA examination is needed.
The deciding factor: The failure to obtain a contemporaneous VA examination prior to rating the disability in 2021 constituted a pre-decisional duty to assist error.
- Claimed conditions
- intervertebral disc degeneration, L5-S1, L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 24, 2024
- Citation
- A24060169
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. Read the original VA decision (opens in a new tab) using citation A24060169.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran withdrew his appeal for a rating in excess of 10 percent for spondylothesis and degenerative joint disease, L4-L5.
- Whole decision: Denied
The Veteran's service-connected lumbar spine disability is productive of no more than moderate limitation of range of motion, without ankylosis or incapacitating episodes. The Veteran does not have separately compensable neurological abnormalities associated with the condition.
- Whole decision: Denied
The Board denied an increased rating for low back strain with degenerative disc disease and degenerative joint disease, L3-L4, L4-L5 in October 2005. The veteran's motion alleging clear and unmistakable error (CUE) was denied.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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