The appeal for an increased rating of the Veteran's service-connected lumbosacral strain with degenerative arthritis and degenerative disc disease is remanded to correct a pre-decisional duty to assist error.
The deciding factor: The examination report did not adequately consider all of the Veteran's symptomology associated with his lumbar spine, specifically the bilateral lower extremity radiculopathy disability.
- Claimed conditions
- lumbosacral strain with degenerative arthritis and degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033469
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.
- Dismissed
The appeal of the proposed reduction in the rating for lumbosacral strain with degenerative arthritis and degenerative disc disease was dismissed as it is not a final action.
- Granted
The Board granted service connection for a lumbosacral strain with degenerative arthritis and degenerative disc disease, resolving doubt in favor of the Veteran.
- Remanded (sent back)
The Board remands the claim for a new VA examination to assess the severity of the Veteran's low back disability, as the most recent examination report is deemed inadequate.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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