The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to inadequate examination findings. The case will be returned to the Board for further consideration.
The deciding factor: The VA examiner did not provide sufficient information regarding incapacitating episodes as per Note (1) of the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- spondylothisthesis, spondylolysis, disc bulging, foraminal encroachment of L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2013
- Citation
- 1309368
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 1309368.
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.
- Granted
The Veteran's spondylolysis was granted a 40 percent rating from November 25, 2013 to October 26, 2023. The condition resulted in forward flexion of the thoracolumbar spine being limited to 20 degrees during use over time.
- Dismissed
The Veteran's attorney has withdrawn the appeal, and thus the claims for increased ratings are dismissed.
- Remanded (sent back)
The Board remands the claim for a VA examination and additional evidence development to determine if there is a nexus between any lower back disability and the Veteran's active service.
- Denied
Service connection for sleep apnea was denied because the evidence did not show a relationship to service. An initial rating in excess of 10 percent for spondylolysis was also denied.
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