The Board remands the Veteran's claim for an increased initial rating for lumbar spine disability to correct duty-to-assist errors, including incomplete medical records and an inadequate VA examination report.
The deciding factor: The AOJ committed pre-decisional duty-to-assist errors by failing to obtain complete post-surgical treatment records and relying on an inadequate VA examination report.
- Claimed conditions
- lumbar spine disability (intervertebral disc syndrome, spinal fusion, spondylolisthesis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2025
- Citation
- A25030809
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 a 40 percent rating for the spinal fusion from March 1, 2011 to July 14, 2022, but denied a higher rating. The effective date of service connection for left lower extremity radiculopathy was also granted as of March 1, 2011.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a back condition, to include degenerative disc disease, spinal fusion, and lumbar radiculopathy, due to an inadequate VA examination.
- Dismissed
The appeal for service connection for cervical spine degenerative arthritis, degenerative disc disease other than IVDS, spinal fusion, and spinal stenosis, and for lumbosacral strain with degenerative arthritis has been withdrawn and dismissed.
- Denied
The Board denied service connection for PTSD and other psychiatric disorders, as well as a total disability rating based on individual unemployability.
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