The Board remands the claims for a new VA examination and to provide the Veteran's representative with the curriculum vitae of the June 2015 examiner.
The deciding factor: The June 2015 examination is outdated, and there was a failure to assist by not providing the Veteran's representative with the examiner's credentials.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065087
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 service connection for degenerative arthritis of the thoracolumbar spine as there was no evidence of an in-service incurrence or a relationship to service.
- Remanded (sent back)
The Board remands the claims for an initial disability rating in excess of 20 percent for degenerative arthritis of the thoracolumbar spine and in excess of 10 percent for left and right lower extremity radiculopathy (sciatic nerve) to ensure compliance with the duty to assist.
- Partly granted
The Board granted service connection for degenerative arthritis of the cervical spine and thoracolumbar spine, resolving all reasonable doubt in favor of the Veteran.
- Denied
The Board denied an initial rating in excess of 10 percent for the Veteran's lumbar spine disability prior to August 28, 2017, and a rating in excess of 20 percent from that date.
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