The Veteran's claim for an increased rating for his service-connected lumbar spondylolisthesis with history of laminectomy and fusion is being remanded due to failure to substantially comply with prior Board remand instructions.
The deciding factor: Prior remand directives were not fully complied with, including consideration of old and new rating criteria as well as staged ratings for the spine disability.
- Claimed conditions
- lumbar spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 19, 2012
- Citation
- 1225119
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 1225119.
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 Veteran withdrew her appeal of all claims currently pending before the Board, including those for an earlier effective date for hypothyroidism and higher ratings for various conditions.
- Remanded (sent back)
The Board remands the claim for an increased evaluation of lumbar spondylolisthesis due to an inadequate VA examination.
- Partly granted
The Veteran's migraine headaches with vasovagal pre-syncope were granted a 50 percent rating, while the claims for increased ratings and earlier effective dates for other conditions were denied or remanded.
- Partly granted
The Board granted service connection for lumbar spondylolisthesis and bilateral ankle dermatitis, restored the ratings for left knee limitation of extension, left ankle degenerative joint disease (DJD), and right ankle DJD, and denied service connection for sinusitis, chronic fatigue syndrome (CFS), a right 5th finger scar, increased ratings for left knee flexion and extension, and rhinitis.
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