The Veteran's claims for increased ratings and initial compensable ratings for service-connected degenerative joint disease of the lumbar spine, status-post spinal fusion, and scars, status-post spinal fusion are being remanded due to pre-decisional duty to assist errors. The VA needs to schedule a new examination to determine the current severity of these conditions.
The deciding factor: The Board found that there were pre-decisional duty to assist errors in assigning noncompensable ratings for scars and in determining the extent of range of motion loss due to lumbar spine disability, necessitating a remand for further evaluation.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Scars, Status-post Spinal Fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2024
- Citation
- A24077615
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. Read the original VA decision (opens in a new tab) using citation A24077615.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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