The Board remands the claim for a rating higher than 20 percent for degenerative arthritis of the spine with a left-sided L5-S1 herniated disc and post-operative lumbar spine degenerative joint disease to correct a pre-decisional error in the duty to assist.
The deciding factor: A new VA examination is required due to an inadequate March 2019 VA examiner's failure to adequately provide opinions regarding the impact of pain on the Veteran's lumbar spine and functional ability over time, as well as internal inconsistencies in the report.
- Claimed conditions
- Degenerative arthritis of the spine with a left-sided L5-S1 herniated disc and post-operative lumbar spine degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2025
- Citation
- A25055244
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.
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