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
Veterans Law Judge
Decisions by this judge: 882 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete service treatment records and a need to address lay statements regarding in-service injuries. The AOJ is instructed to obtain complete service treatment records, correct any duty-to-assist errors, and provide an addendum opinion on whether the Veteran's current lumbar spine and right knee disabilities are related to heavy, repetitive lifting from his military duties.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for IBS, lumbar spine disability, and lower extremity radiculopathy due to a procedural error in providing notice of his right to a hearing.
- Remanded (sent back)
The Board has determined that there are errors in the decision-making process related to obtaining and considering certain medical records, conducting appropriate examinations, and providing a comprehensive assessment of the Veteran's employability due to his service-connected disabilities. The case is being remanded for these issues.
- Granted
The Board has granted service connection for cervical spine degenerative joint disease and lumbar spine degenerative joint disease, including radiculopathy. The decision is based on the Veteran's reported in-service injuries and current medical diagnoses.
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