The Board remands the claim for a new VA examination to determine the current severity of the Veteran's service-connected lumbar spine disability.
The deciding factor: A pre-decisional duty to assist error has occurred as the previous VA examination may not have fully considered the Veteran's competent lay statements regarding his symptoms, and a new examination is necessary to assess the current severity of the disability.
- 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
- April 2, 2025
- Citation
- A25030205
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 remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Partly granted
The Board denied a compensable evaluation for hypertension and granted an increased rating of 20 percent for lumbar spine degenerative disc disease from April 13, 2022. The effective date for the right lower extremity radiculopathy was also granted as May 10, 2016.
- Denied
The Board denied the Veteran's claim for an effective date prior to September 20, 2018, for the award of service connection for lumbar spine degenerative disc disease.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining a retrospective medical opinion regarding the severity of the Veteran's service-connected conditions without the use of pain medication and securing the credentials of the VA examiners.
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