The Board remands the claims for increased ratings for thoracolumbar strain, cervical strain with IVDS, and radiculopathy of the right upper and lower extremities to correct duty-to-assist errors.
The deciding factor: The VA examinations are inadequate due to inaccuracies in reporting pain and functional loss during flare-ups and repeated use over time.
- Claimed conditions
- Thoracolumbar strain, Cervical strain with intervertebral disc syndrome (IVDS), Radiculopathy of the right upper extremity (minor), Radiculopathy of the right lower extremity (femoral), Radiculopathy of the right lower extremity (sciatic)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2024
- Citation
- A24068888
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 an increased disability rating of 40 percent for thoracolumbar strain, restored the 50 percent disability rating for bilateral pes planus, and restored basic eligibility for Dependents' Educational Assistance (DEA) benefits.
- Partly granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, as secondary to the Veteran's service-connected diabetes. The Board also granted an initial 20 percent rating for thoracolumbar strain effective from February 8, 2010.
- Remanded (sent back)
The Board remands the claims for further development and examination to determine the nature and etiology of the Veteran's psychiatric disorder, right middle finger injury, vaginal disorder, hemorrhoids, and thoracolumbar strain.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for a TDIU and dismissed the proposal to combine service connection for patellofemoral syndrome, right knee limitation of extension with residuals of right knee total arthroplasty.
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