The Board remands the claim for an increased rating in excess of 20 percent for back disability due to inadequate medical examination and failure to address flare-ups.
The deciding factor: The January 2022 VA examination was found inadequate as it failed to adequately address the Veteran's reported functional impairment during flare-ups, and did not comply with the requirements under 38 C.F.R. § 4.59 regarding weight-bearing and non-weight-bearing ROM testing.
- Claimed conditions
- lumbar spondylosis with bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065081
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24065081.
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
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- Granted
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