The Veteran's claim for an increased evaluation of his service-connected herniated nucleus pulposus at L4-L5 is being remanded due to the need for a new VA examination to address functional impairment and range of motion.
The deciding factor: The case was remanded because the previous examinations did not adequately assess the DeLuca factors (functional impairment, repetitive use, pain, etc.).
- Claimed conditions
- Herniated nucleus pulposus at L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2014
- Citation
- 1418168
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 1418168.
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 service-connected lumbar disability of herniated nucleus pulposus at L4-L5 is currently rated as 60 percent disabling, which is the maximum schedular evaluation available under the rating criteria in effect prior to September 23, 2002.
- Denied
The Board has determined that the veteran's thoracic segment of the spine disability does not warrant a rating higher than 10 percent, as there is no evidence of severe limitation of motion. The lumbar segment of the spine disability remains at 40 percent.
- Granted
The Board has granted service connection for the veteran's herniated nucleus pulposus at L4-L5 and assigned a 20 percent disability rating. However, the evidence shows an increase in severity of symptoms such as to warrant a higher 40 percent disability evaluation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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