The Board remands the Veteran's claim for an increased disability rating for intervertebral disc syndrome of the thoracolumbar spine to correct a pre-decisional duty to assist error.
The deciding factor: The April 2024 VA examination report was found inadequate due to missing information on range of motion and flare-ups, and failure to consider the ameliorating effects of medication.
- Claimed conditions
- Intervertebral disc syndrome (IVDS) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2025
- Citation
- A25037645
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (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 A25037645.
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 service connection for intervertebral disc syndrome (IVDS) of the thoracolumbar spine, and for right and left knee degenerative arthritis post knee replacements.
- Partly granted
The Board granted a 70 percent rating for PTSD, but denied higher ratings and increased initial ratings for other conditions.
- Granted
The Veteran's back disability is rated at 40 percent since February 26, 2018. He also received separate ratings for his left and right femoral nerve radiculopathy.
- Remanded (sent back)
The Veteran's thoracolumbar spine disability is currently rated at 20 percent, but the Board has determined that a higher rating of 40 percent should be granted due to limitations in forward flexion.
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