The Veteran's initial claim for a higher rating for his degenerative changes of the lumbar spine has been remanded due to new evidence indicating that his condition may have worsened and he is seeking a lumbar spinal fusion. The case will be returned to the Board after further examination.
The deciding factor: New evidence suggests that the Veteran's low back disability may have worsened, necessitating a more thorough evaluation including a contemporaneous VA examination.
- Claimed conditions
- Degenerative changes of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 3, 2011
- Citation
- 1108609
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 1108609.
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.
- Remanded (sent back)
The Board has remanded the claim of service connection for a thoracolumbar spine disability, finding that the VA examination and opinion were inadequate as they did not consider the Veteran's complete medical history. The case is now to be reviewed with an addendum VA opinion.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed with respect to the June 14, 2023 rating decision that decreased the rating for degenerative changes of the lumbar spine to 20 percent effective September 1, 2023.
- Denied
The Board denied service connection for a lumbar spine disability and an acquired psychiatric disability, but remanded the issue of entitlement to service connection for tinnitus.
- Partly granted
The Board granted service connection for radiculopathy of the right lower extremity as secondary to the Veteran's service-connected degenerative changes of the lumbar spine and increased the disability rating for the lumbar spine to 20 percent effective August 18, 2023.
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.