The Board remands the issues of entitlement to an initial disability rating in excess of 20 percent for lumbar spine disorder from May 11, 2005 to February 28, 2012 and a total disability rating based on individual unemployability (TDIU) prior to October 12, 2005 due to insufficient evidence.
The deciding factor: The VA examiner's opinion did not comply with the Board's remand instructions regarding range of motion during flare-ups and did not account for the ameliorative effects of medication as required by Jones v. Shinseki and Ingram v. Collins.
- Claimed conditions
- lumbar spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2025
- Citation
- 25008540
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.
- Dismissed
The Veteran withdrew his claims for service connection for a lumbar spine disorder, diabetes mellitus, and bilateral diabetic neuropathy.
- Dismissed
The Board denied the veteran's appeal for timely filing of an appeal request, dismissing the attempted appeal.
- Remanded (sent back)
The Board remands the claims for service connection for various disorders, including a lumbar spine disorder, left elbow disorder, and others, to correct duty to assist errors.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for a lumbar spine disorder due to a need for an additional medical opinion.
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