The veteran's appeal is being remanded to the RO for a new VA examination and consideration of both old and new rating criteria. The case will be returned to the Board after further action.
The deciding factor: The Court directed that a new VA examination be conducted to assess the functional limitations due to pain during flare-ups or when used repeatedly over time, as well as any weakened movement, excess fatigability, or incoordination of the lumbar spine. Additionally, the RO must consider both old and new rating criteria for intervertebral disc syndrome.
- Claimed conditions
- low back disability with degenerative disc disease L3-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2004
- Citation
- 0415436
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (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 0415436.
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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The veteran's appeal is being remanded for further development, including a VA comprehensive examination to assess the current severity of his lumbar spine disability after the January 2006 surgery. The case will be returned to the Board for appellate review.
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- Denied
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