The Board remands the claim for an earlier effective date for a 40 percent rating for spondylolisthesis with degenerative disc disease of the lumbar spine to correct a pre-decisional duty to assist error.
The deciding factor: Remand is required to notify the Veteran of his right to a pre-decisional hearing as per 38 C.F.R. § 3.103 (d)(1).
- Claimed conditions
- spondylolisthesis with degenerative disc disease of the lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2025
- Citation
- A25049838
Veterans Law Judge
Decisions by this judge: 931 · Granted: 42% (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 A25049838.
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.
- Denied
The Veteran's initial ratings for spondylolisthesis with degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy have been denied.,The Board found that during the entire initial rating period on appeal, from April 9, 2013, to January 4, 2015, the service-connected conditions did not meet or more nearly approximate the criteria for higher disability ratings.
- Granted
The Board has granted service connection for spondylolisthesis with degenerative disc disease of the lumbar spine, erectile dysfunction as secondary to a back disorder, and hypogonadism as secondary to a back disorder.
- Dismissed
The Veteran requested to withdraw their appeal for an earlier effective date of September 19, 2013 for the award of service connection for arthrodesis with spondylosis and degenerative disc disease of the lumbar spine.
- Granted
The Veteran's spondylolisthesis with degenerative disc disease of the lumbar spine was initially rated as 20 percent disabling prior to December 21, 2005. The rating was increased to 40 percent effective December 21, 2005.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.