The Board remands the claim for service connection for degenerative disc disease to correct a pre-decisional duty to assist error, requiring an adequate VA medical examination.
The deciding factor: The prior VA examination was inadequate as it failed to address whether the Veteran's back injury was aggravated by performing ACTDUTRA and INACTDUTRA.
- Claimed conditions
- Degenerative disc disease
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24069943
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 appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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