The appeal is being remanded for a new VA examination to determine the current severity of the Veteran's lumbar sprain with degenerative disc disease at L4-L5, as well as his disability prior to December 14, 2010. The examiner should also assess whether the Veteran's service-connected disabilities preclude him from securing or following a substantially gainful occupation.
The deciding factor: The Joint Motion for Remand found that the May 2005 and December 2006 VA examination reports were inadequate because they did not comment on the functional loss of use of the lumbar spine due to pain on repetitive motion and during flare-ups. The examiner is instructed to provide such information in their report.
- Claimed conditions
- lumbar sprain with degenerative disc disease at L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 30, 2014
- Citation
- 1424490
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 1424490.
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 claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating prior to December 14, 2010, or effective from December 14, 2010.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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