The Board remands the claim for an increased rating in excess of 20 percent for a thoracolumbar spine disability from September 9, 2024 and in excess of 40 percent thereafter due to an inadequate VA examination.
The deciding factor: The September 2024 VA examination is found to be inadequate as it failed to provide sufficient information regarding the Veteran's symptoms and functional loss during flare-ups or repeated use over time, and did not consider the ameliorating effects of medication.
- Claimed conditions
- thoracolumbar spine disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2025
- Citation
- 25007382
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 service connection for a thoracolumbar spine disability and a left shoulder disability as the evidence did not support that these conditions were incurred or aggravated during active duty, ACDUTRA, or INACDUTRA.
- Remanded (sent back)
The Board denied an earlier effective date for the Veteran's award of service-connected compensation for headaches and remanded claims for increased rating, service connection for a thoracolumbar spine disability, right shoulder disability, and acquired psychiatric disorder.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
- Granted
The Board granted the restoration of a 30 percent rating for left upper extremity radiculopathy effective June 26, 2023, as the reduction was improper.
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