The Board remands the claims for a disability rating in excess of 20 percent and TDIU due to inconsistencies in the VA examination reports.
The deciding factor: The examination is inconsistent with several addendum opinions obtained by the AOJ prior to issuing the SSOC, leading to an internal inconsistency that cannot be relied upon in a Board decision.
- Claimed conditions
- Lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25023064
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 an initial 20 percent rating for lumbar spine degenerative disc disease prior to September 9, 2020 and earlier effective dates of March 5, 2020 for the award of service connection for left and right lower extremity radiculopathy.
- Denied
The Board denied the Veteran's claims for a compensable rating for left ear hearing loss and service connection for major depressive disorder, among other issues. The decision also remanded several claims for further development.
- Dismissed
The appeal for service connection for heart disease was dismissed, and the claims for erectile dysfunction, sleep apnea, lumbar spine degenerative disc disease, and COPD were denied. The claim for chronic hip pain was remanded.
- Partly granted
The Board granted service connection for prostate cancer and lumbar spine degenerative disc disease, but denied service connection for a left ankle disability. The right shoulder and right eye disabilities were remanded for further examination.
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