The Veteran's claim for an increased rating for his lumbar spine condition is being remanded due to the need for a new VA examination and consideration of TDIU.
The deciding factor: The Veteran's testimony suggests that his back disability has worsened, necessitating a new VA examination. Additionally, his unemployability raises the issue of entitlement to total rating for compensation purposes based on individual unemployability (TDIU).
- Claimed conditions
- lumbar spine spondylosis, lumbar spine spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2010
- Citation
- 1018226
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 1018226.
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
Service connection for tinnitus is granted.,An increased rating of 30 percent, but no higher, is granted for gastroesophageal reflux disease (GERD) from February 1, 2020.
- Remanded (sent back)
The Board has remanded the case due to insufficient opinions regarding whether the Veteran's low back disorder is related to service or caused by his service-connected bilateral foot disability.
- Denied
The Veteran's claim for a compensable rating for lumbar spine spondylosis was denied due to his failure to report for a scheduled VA examination.,Service connection for cervical spine disability, left foot disability (hallux valgus), GERD, headache disability, and hypertension were all denied as the evidence did not meet the criteria for service connection.,The Veteran's claim for increased rating of lumbar spine spondylosis was denied due to his failure to report for a scheduled VA examination.
- Granted
The Board has granted service connection for the Veteran's lumbar spine spondylosis and degenerative disc disease, right hip degenerative arthritis, and right knee condition as secondary to his service-connected depression.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.