The veteran's claim for an increased rating for his low back disability is being remanded to schedule the veteran for a new VA examination.
The deciding factor: The medical evidence in this case is in significant conflict, necessitating another VA examination to reconcile the contradicting evidence and determine the current level of severity of the veteran's service-connected low back disability.
- Claimed conditions
- lumbar strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2008
- Citation
- 0816016
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (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 0816016.
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.
- Dismissed
The Veteran's appeals for higher ratings in excess of 50 percent for obstructive sleep apnea, 40 percent for lumbar strain with degenerative joint disease, and 10 percent for right knee scars have been dismissed.
- Granted
The Board has granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar strain with degenerative joint disease.
- Remanded (sent back)
The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims for service connection for left knee strain and instability. The current rating decision will be remanded to allow for further development.
- Denied
The Veteran's hypertension is not rated higher than noncompensable, as his blood pressure readings have consistently been below the threshold for a compensable rating.,The Veteran's lumbar strain with degenerative joint disease does not meet the criteria for a higher than 10 percent rating. His disability has not resulted in forward flexion limited to 60 degrees or less or a combined range of motion (ROM) limited to 120 degrees or less, even considering functional loss.,Service connection was denied for diabetes mellitus and obstructive sleep apnea as there is no causal relationship between these conditions and service.,Service connection was also denied for an acquired psychiatric disorder.
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