The Board has remanded the case for consideration of an extra-schedular evaluation by the Under Secretary for Benefits or Director of Compensation and Pension Service due to referral for extra-schedular evaluation under 38 C.F.R. § 4.16(b) as discussed in the decision.
The deciding factor: The veteran's lumbar spine disability does not meet the criteria for a higher rating based on incapacitating episodes or other manifestations of IVDS, and there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- Low Back Strain, IVDS (Degenerating and Bulging Disc)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2007
- Citation
- 0737932
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 0737932.
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 Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Denied
The Veteran's low back strain disability was denied a higher rating prior to July 20, 2020. Separate ratings of 10 percent were granted for radiculopathy affecting the sciatic and femoral nerves in the lower extremities from July 20, 2020.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including erectile dysfunction, PTSD, depression, frequent urination, intermetatarsal neuroma right foot, left knee condition, right knee condition, low back strain, shoulder strain, and tinnitus, due to a failure to provide necessary examinations.
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