The Board remands the claim for an initial evaluation in excess of 20 percent prior to May 31, 2022, and in excess of 40 percent therefrom for service-connected lumbar spine disability due to a duty to assist error.
The deciding factor: The VA-obtained examination reports are inadequate as they do not address the ameliorative effects of medication on the Veteran's lumbar spine disability range of motion, and additional retrospective medical opinions are needed.
- Claimed conditions
- lumbar degenerative disc disease, post laminectomy, with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035752
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.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar degenerative disc disease and service connection for left lower extremity radiculopathy, as secondary to the back disability.
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