The Board remands the claim for a VA examination to assess the Veteran's thoracolumbar strain, specifically to determine the degree at which pain occurs during range of motion testing and to evaluate any additional functional impairment on repeated use over time or during flare-ups.
The deciding factor: Remand is necessary due to pre-decisional duty to assist error requiring more detailed information regarding the Veteran's disability rating according to DeLuca v. Brown.
- Claimed conditions
- thoracolumbar strain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065768
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.
- 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.
- Partly granted
The Board granted an effective date of September 2, 2010, for service connection for radiculopathy of the left and right sciatic nerves but denied increased ratings for these conditions. The claims for increased ratings for knee and back conditions were remanded.
- Denied
The Board denied service connection for hearing loss, a bladder condition, and various other conditions including psychiatric issues, alopecia, musculoskeletal problems, and skin conditions. The Veteran's claims were not supported by the evidence of record.
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