The Veteran's initial claim for an increased rating for his service-connected low back disability (previously rated as degenerative disc disease) was remanded due to a duty-to-assist error in the November 2024 Back Conditions Disability Benefits Questionnaire. The case is now being remanded to obtain retrospective findings from an appropriate clinician to determine the severity of the Veteran's service-connected back disability.
The deciding factor: The VA examination report obtained by the AOJ was inadequate as it did not discount the ameliorative effects of medication and failed to provide meaningful estimates for flare-ups and repeated use overtime without considering these effects.
- Claimed conditions
- intervertebral disc syndrome (IVDS) of the lumbar spine, degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2026
- Citation
- A26029355
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 A26029355.
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 Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Granted
The Board has determined that the Veteran's back disability, diagnosed as lumbar strain, spinal stenosis and degenerative disc disease (DDD) of the lumbar spine, is causally related to service. As such, service connection for this condition is granted.
- Granted
The Board has granted the Veteran's claim for service connection for a neck/cervical spine disability, finding that his current condition is at least as likely as not related to active duty service.
- Remanded (sent back)
The Veteran's claims for a rating in excess of 20 percent for service-connected lumbar stenosis and DDD status post-laminectomy with cervical scars, and for a compensable disability rating for scars status-post laminectomy are denied.,The Veteran's claim for service connection for high blood pressure is remanded as there was insufficient evidence to determine the nature and etiology of his claimed disability.,The Veteran's claims for service connection for a cervical spine or neck disability, and for a prostate disability are denied.
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