The case is being remanded to obtain reports from any VA electrodiagnostic testing and to schedule the Veteran for a VA examination that includes an interpretation of such testing or, should there be no such reports, afford the Veteran an electromyogram or other electrodiagnostic testing. Additionally, the Veteran's former attorney requested a VA examination to determine if his substance abuse is secondary to his service connected back disability.
The deciding factor: The case requires further investigation and evaluation due to the need for additional medical evidence regarding the presence of neurological deficits and intervertebral disc syndrome (IVDS) in the Veteran's service-connected back disability, as well as a determination on whether the Veteran's substance abuse is secondary to his service connected psychiatric disorder.
- Claimed conditions
- Degenerative disc disease, Degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2012
- Citation
- 1213113
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 1213113.
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.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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