The Board remands the claims for an initial rating higher than 20 percent for lumbar spine degenerative joint disease and a TDIU from December 4, 2021 to February 7, 2024 due to a pre-decisional duty to assist error.
The deciding factor: The Board finds that the evidence of record regarding the Veteran's back flares for the period on appeal prior to the February 2024 examination is insufficient for adjudication and remand is warranted in order to obtain a retrospective medical opinion as to the functional loss resulting from the Veteran's service-connected back disability on repetitive use and during flare-ups.
- Claimed conditions
- lumbar spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2025
- Citation
- A25025554
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 the veteran's claims for increased ratings for various conditions, including impotence, headaches, cervical spine degenerative joint disease, and peripheral neuropathy of both upper and lower extremities.
- Partly granted
The Board granted a 40 percent disability rating for the lumbar spine disability from January 23, 2015, and denied a higher rating since September 1, 2018.
- Partly granted
The Veteran's request for a higher rating than 20% for lumbar spine degenerative joint disease was denied. The claim for total disability based on individual unemployability (TDIU) was dismissed.
- Partly granted
The veteran was granted a 10 percent rating for IBS and a 40 percent rating for lumbar spine degenerative joint disease. The veteran's left lower extremity radiculopathy disability rating was restored to 20 percent. Other claims were denied or dismissed.
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