The Board remands the claim for an initial rating in excess of 10 percent for chronic lumbar strain to cure a pre-decisional duty to assist error.
The deciding factor: Remand is required due to deficiencies in the medical evidence and examinations provided, necessitating another VA examination to accurately assess the disability.
- Claimed conditions
- chronic lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2024
- Citation
- A24063434
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 granted earlier effective dates for the assignment of ratings and service connection based on an intent to file a claim submitted by the Veteran prior to his formal claim.
- Partly granted
The Board granted a 40 percent rating for chronic lumbar strain, restored the 10 percent rating for right knee patellofemoral syndrome effective February 11, 2023, and granted separate 10 percent ratings for instability of the right knee. The decision also granted a 70 percent rating for PTSD from June 8, 2021, and TDIU based on PTSD alone from August 21, 2021, along with SMC under 38 U.S.C. § 1114(s) based on housebound status from the same date.
- Denied
The Board denied the veteran's claims for increased ratings and remanded a claim for service connection for sleep apnea.
- Dismissed
The appeal for an increased disability rating for chronic lumbar strain was withdrawn, and the Veteran is granted special monthly compensation based on the need for regular aid and attendance.
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