The Board has remanded the case for a VA opinion to address whether the Veteran's currently diagnosed degenerative disc disease, most pronounced at L1-2 and L2-3 (as demonstrated by X-ray in the May 2006 VA examination), was caused by or the result of his active service.
The deciding factor: The Board found that the actual clinical findings contained in the VA examination report are still adequate as the Veteran was provided all testing necessary, including X-rays and range of motion testing, and the VA examiner reviewed both the history provided by the Veteran and the claims file, including the private and service medical records, in formulating his conclusion as to the etiology of the diagnosed herniated L3-L4. However, the May 2006 VA opinion was incomplete as it did not address the etiology of the Veteran's degenerative disc disease involving the lumbar vertebrae at L1-2 and L2-3.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2011
- Citation
- 1124336
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 1124336.
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 Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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