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Board of Veterans' Appeals · Legacy series

Entitlement to a rating in excess of 20 percent for intervertebral disc disease of the lumbar spine (low back disability) prior to June 19, 2024, is remanded.

January 30, 2026Citation Nr. 26001456Docket 14-41 495Ava.gov source

  • Entitlement to a rating in excess of 20 percent for low back disability prior to June 19, 2024Remanded
  • Entitlement to a TDIURemanded
DecisionAnalysis

Board reasoning

The Board remanded the low back rating prior to June 19, 2024 to obtain a supplemental opinion clarifying the April 2025 examiner’s intent regarding functional equivalent of ankylosis and its baseline frequency, noting that a November 2025 examination failed to fully address the remand questions. It also remanded the TDIU because the rating issue could affect entitlement to a TDIU and the two issues are intertwined."

Issues

  • Entitlement to a rating in excess of 20 percent for low back disability prior to June 19, 2024Remanded
  • Entitlement to a TDIURemanded

Authorities

  • Barr v. Nicholson, 21 Vet. App. 303Board cites Barr to emphasize that VA must ensure examinations/opinions are adequate after remand.
  • Stegall v. West, 11 Vet. App. 268Board cites to require remand when an examination/opinion does not address remand directives.
  • Harris v. Derwinski, 1 Vet. App. 180Board notes intertwined issues; actions to remand because a decision on one impacts the other.

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.