The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar strain and increased ratings for degenerative arthritis of the left hip, impairment of thigh, left hip, limitation of extension, left thigh, right hip degenerative arthritis, limitation of extension, right thigh, and impairment of thigh, right hip due to the need for an updated VA examination.
The deciding factor: The Board failed to comply with its duty to assist by failing to provide the Veteran with an updated VA examination prior to the September 2021 decision.
- Claimed conditions
- thoracolumbar strain, degenerative arthritis of the left hip, impairment of thigh, left hip, limitation of extension, left thigh, right hip degenerative arthritis, compensable disability rating for limitation of extension, right thigh, compensable disability rating for impairment of thigh, right hip
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2024
- Citation
- A24062263
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.
- Denied
The Board denied the Veteran's appeal for a rating greater than 10 percent for thoracolumbar strain, as the evidence did not support a higher rating.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right ankle, bilateral hip conditions and entitlement to specially adapted housing or special home adaptation grant as there is insufficient evidence to determine if the Veteran's pre-existing conditions were aggravated during his period of ACDUTRA.
- Denied
The Board denied the Veteran's claim for a compensable rating for bilateral hearing loss as there was no evidence that it met a compensable level during the period on appeal.
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