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.
- Dismissed
The Board dismissed the claims for an initial disability rating in excess of 10 percent for lumbar and cervical spine spondylolisthesis as moot because they had already been adjudicated.
- Granted
The Board granted service connection for lumbar spine spondylosis as aggravated by the Veteran's service-connected degenerative joint disease of the lumbar spine with degenerative arthritis, and also granted an increased rating of 20 percent for the degenerative joint disease from April 18, 2024.
- Partly granted
The Board denied an effective date prior to November 4, 2009, for the grant of service connection for a back disability and granted service connection for right lower extremity radiculopathy. The claims for initial ratings, secondary service connection, and TDIU were remanded.
- Remanded (sent back)
The Board remands the appeal for readjudication due to incomplete compliance with previous remand directives.
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