The Board remands the claims for an initial rating more than 20 percent for lumbosacral strain with spondylosis, arthritis, and disc degeneration and more than 10 percent for cervical spine spondylosis with moderate disc degeneration due to inadequate VA examinations.
The deciding factor: The May 2018 VA examinations were found inadequate as they did not account for flare-ups or repeated use of the joints, which are required under 38 C.F.R. § 4.59 and Correia v. McDonald, 28 Vet. App. 158 (2016).
- Claimed conditions
- lumbosacral strain with spondylosis, arthritis, and disc degeneration, cervical spine spondylosis with moderate disc degeneration
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2024
- Citation
- A24063504
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 Board remands the appeal to obtain a VA medical opinion that considers the Veteran's contentions of in-service training with heavy gear and equipment.
- Partly granted
The appeal for service connection for fibromyalgia was granted with an effective date of August 14, 2023. The appeals for earlier effective dates and higher ratings were denied.
- Partly granted
The Board granted an initial 40 percent disability rating for bilateral eye disabilities but denied ratings for abdominal scars, hypertension, and remanded claims related to thrombosis and arthritis.
- Remanded (sent back)
The Board remands the claims for service connection for an eye condition, hearing loss, heart disease, arthritis, and diabetes due to a regulatory duty to assist error.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.