The Board remands the issues of entitlement to an initial rating in excess of 20 percent for lumbar strain with intervertebral disc syndrome (IVDS) for the period prior to September 17, 2013, and a rating in excess of 40 percent for the same condition from September 17, 2013, as additional medical evidence is needed.
The deciding factor: The August 2024 VA examiner did not conduct passive ROM testing due to safety concerns, which resulted in an inadequate opinion. The Board finds that another remand is necessary for addendum opinions from the December 2012 and December 2019 examiners addressing passive and weight-bearing ROM testing.
- Claimed conditions
- lumbar strain with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2025
- Citation
- 25005117
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.
- Partly granted
The Board granted service connection for GERD, to include as secondary to the Veteran's service-connected obstructive sleep apnea (OSA), and denied increased ratings for chronic sinusitis, bilateral plantar fasciitis with heel bone spurs, lumbar strain with IVDS, left knee limitation of flexion, and remanded claims for vertigo.
- Partly granted
The Board granted a 40 percent rating for right lower extremity radiculopathy and denied an increased rating for lumbar strain with IVDS, while remanding several other claims.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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